The Veteran's cervical spine disability is rated as 30 percent since April 20, 2009. The appeal for higher ratings remains denied.
The deciding factor: The evidence does not support a finding of ankylosis or associated neurological disabilities warranting separate compensable evaluations, nor do the symptoms demonstrate incapacitating episodes meeting the criteria for a higher rating.
- Claimed conditions
- Cervical spine arthritis, Degenerative joint disease of cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 30, 2016
- Citation
- 1639684
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 1639684.
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.
- Granted
The Board has granted service connection for cervical spine arthritis, bilateral knee degenerative arthritis, and lumbar degenerative disc disease. The Veteran's conditions are deemed to have been incurred during his active military service.
- Partly granted
The Board granted service connection for an acquired psychiatric disability, right and left lower extremity radiculopathy, but denied service connection for right knee arthritis, left knee arthritis, a right shoulder contusion, left shoulder arthritis, cervical spine arthritis, right upper extremity tremors, and left upper extremity tremors.
- Denied
The Board denied the Veteran's appeal for a total disability due to individual unemployability based on a single disability for special monthly compensation purposes, as there was no evidence that any single service-connected condition or combination of conditions rendered him unable to obtain and maintain gainful employment.
- Remanded (sent back)
The Board has determined that the Veteran's cervical spine and associated radiculopathy claims require additional examination to assess his functional impairment throughout the applicable rating period, including during flare-ups and after repeated use over time. The ratings for the right and left upper extremities are also remanded due to inconsistencies in the evidence.
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