The Board denied an initial compensable rating for a residual scar from cervical fusion on the basis of disfigurement and granted an initial 10 percent rating based on pain. The Board also denied initial ratings in excess of 20 percent for intervertebral disc syndrome of the cervical spine with spinal fusion and stenosis, as well as right and left upper extremity radiculopathy.

The deciding factor: The evidence was at least in equipoise regarding whether the scar from cervical fusion had been painful during the period on appeal, leading to a separate 10 percent rating under DC 7804. However, there was no other evidence of disfigurement or disabling effects that would warrant higher ratings.

Claimed conditions

Residual scar from cervical fusion, Cervical spine disability (intervertebral disc syndrome with spinal fusion and stenosis), Right upper extremity radiculopathy, Left upper extremity radiculopathy

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

December 11, 2025

Citation

A25106879

Want to see how appeals like this one tend to go? Appeals like mine