The Veteran's cervical spine disability is restored to a 40 percent rating effective June 1, 2018. The Veteran's headache and acquired psychiatric disabilities are each granted increased ratings of 50 percent.
The deciding factor: The evidence does not support the presence of at least six weeks of incapacitating episodes due to intervertebral disc syndrome (IVDS) during a 12-month period, which is required for a higher rating under Diagnostic Code 5243. The Veteran's cervical spine disability was restored based on prior decisions and no new evidence was presented.
- Claimed conditions
- Cervical spine degenerative disc disease, status post fusion, Headache disability, Acquired psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 25, 2021
- Citation
- 21010868
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 21010868.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal regarding attorney fees for past-due benefits awarded in a June 2021 rating decision is dismissed as moot due to the waiver of rights by R.V.C.
- Remanded (sent back)
The Veteran's request to readjudicate the claim for service connection for an acquired psychiatric disability with alcohol and drug abuse is granted. The Board has determined that new and relevant evidence sufficient to readjudicate the claim has been received, but further development is needed due to a pre-decisional duty to assist error regarding verification of reported deaths in service.
- Dismissed
The Veteran's appeals for service connection for a low back condition and an acquired psychiatric disability are dismissed as procedural defects due to the overlapping nature of the appeals.
- Denied
The Board denied the Veteran's claim for service connection for an acquired psychiatric disability, finding that his claimed stressors did not meet the DSM-5 criteria for PTSD and concluding that there was no causal relationship between any current mental health condition and his military service.
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