The Veteran's claim that the January 2007 rating decision assigning a duplicate 20 percent rating for cervical disc disease was in error is denied.
The deciding factor: The failure to correctly apply the laws and regulations manifestly changed the outcome of the January 2007 rating decision, resulting in pyramiding due to separate ratings for the same condition.
- Claimed conditions
- Cervical disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 26, 2019
- Citation
- 19157765
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 19157765.
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 determined that the Veteran's combined service-connected disabilities prevent him from securing or following a substantially gainful occupation, and therefore grants his claim for total disability based on individual unemployability.
- Granted
The Board has granted increased ratings for cervical spine disability, left and right upper extremity radiculopathy effective May 19, 2011. The Veteran's service-connected conditions have been rated based on their direct effects rather than any presumption or secondary connection.
- Denied
The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the criteria for higher ratings were not met, except for a March 29, 2013 effective date for service connection of right lower extremity radiculopathy.
- Remanded (sent back)
The Board has remanded the Veteran's claims for cervical disc disease, degenerative joint disease of the right shoulder, and radiculopathy of the right upper extremity due to inadequate VA examinations. The issues are inextricably intertwined as the rating assigned for one condition may affect another.
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