The appeal for an earlier effective date of the award of service connection for cervical strain is dismissed. The Veteran's initial rating for his cervical spine disability remains at 30 percent, and a temporary total rating based on surgery and convalescence from May 19, 2017 to June 30, 2017 is granted.
The deciding factor: The appeal was withdrawn by the Veteran's representative for the issue of an earlier effective date. The initial rating for cervical spine disability remains at 30 percent due to lack of unfavorable ankylosis or other compensable conditions.
- Claimed conditions
- Cervical spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2019
- Citation
- 19115210
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 19115210.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied increased ratings for cervical and thoracolumbar spine strains, TMJ disorder, dermatitis of the face, right knee chondromalacia grade II with patellar tendonitis, medial meniscal derangement, and Baker's cyst, and bilateral hearing loss. However, service connection was granted for radicular pain paresthesia of the right upper extremity.
- Partly granted
The Board granted service connection for Generalized Anxiety Disorder, Major Depressive Disorder, Panic Disorder, and Agoraphobia as well as cervical spine strain, right and left upper extremity radiculopathy, and right and left lower extremity radiculopathy. A 40 percent rating was assigned for gastritis.
- Partly granted
The Board granted increased initial ratings for cervical spine strain and cervicothoracic radiculopathy of both upper extremities, as well as service connection for right hand and wrist pain. The left hand disability was denied.
- Denied
The Board denied the veteran's claims for increased ratings for cervical spine strain, finding that the evidence did not support a higher rating under the applicable criteria.
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