The veteran's cervical strain/sprain with elements of myofascial pain syndrome and lumbosacral strain are currently rated at 10 percent, but the Board finds that neither condition warrants a higher rating based on current evidence.
The deciding factor: The veteran’s cervical spine disability does not meet or approximate the criteria for a higher evaluation under the old or new VA Rating Schedule due to slight limitation of motion. The lumbosacral strain also does not warrant an increased rating as there is no indication of severe limitation of motion, intervertebral disc syndrome, or incapacitating episodes.
- Claimed conditions
- Cervical strain/sprain with elements of myofascial pain syndrome, Lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 31, 2006
- Citation
- 0609391
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.
- Remanded (sent back)
The Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Granted
The Veteran was granted separate ratings of special monthly compensation (SMC) based on the need for aid and attendance, a higher rating under 38 U.S.C. § 1114(o), and a higher rating under 38 U.S.C. § 1114(r)(1).
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