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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 1607852.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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).
- Whole decision: 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.
- Whole decision: 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.
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