The Veteran's cervical spine disability, with forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees and combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees, was found to meet the criteria for a 10 percent rating prior to October 8, 2009, and after December 1, 2009. The Veteran's claim for an increased rating is therefore denied.
The deciding factor: The Veteran's cervical spine disability did not meet or approximate the criteria for a higher rating under Diagnostic Code 5242.
- Claimed conditions
- Degenerative disk disease, Herniated nucleus pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 29, 2016
- Citation
- 1607852
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1607852.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a neck disorder to obtain an adequate VA medical opinion addressing the nature and etiology of the Veteran's current neck condition, including whether it is related to her military service.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Granted
The Veteran's claim for SMC based on being housebound is denied, while his claim for SMC based on the need for regular aid and attendance of another person is granted. The decision also notes that the Veteran requires assistance from his wife and son to perform daily living activities due to his service-connected disabilities.
- Denied
The Board denied the Veteran's claim for a Total Disability Rating Based on Individual Unemployability (TDIU) prior to January 17, 2018, finding that his service-connected conditions did not preclude him from securing and following substantially gainful employment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.