The Board denied an increased rating for the veteran's cervical spine disability, finding that it did not meet the criteria for a higher evaluation.
The deciding factor: The VA examinations and medical records showed moderate limitation of motion but no incapacitating episodes or unfavorable ankylosis. The current symptoms were considered to be within the scope of the existing 40% rating.
- Claimed conditions
- Traumatic arthritis of the cervical spine, Residual thoracic back strain, Degenerative disc narrowing
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 7, 2007
- Citation
- 0706744
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 0706744.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities from June 19, 2016 to October 27, 2019.
- Denied
The Veteran's claims for increased ratings and earlier effective dates were denied. The cervical spine disability was rated at 30 percent, the left upper extremity radiculopathy at 20 percent, the lumbar spine disability with IVDS at 20 percent, and the right lower extremity radiculopathy from June 3, 2022, at 20 percent. The Veteran's TDIU and DEA benefits were granted earlier.
- Remanded (sent back)
The Veteran's claims for increased ratings for radiculopathy of the upper extremities are being remanded due to a duty-to-assist error and need for additional medical opinions.
- Remanded (sent back)
The Veteran's claim for an initial rating in excess of 30 percent for cervical spine disability prior to March 17, 2022 was denied. Service connection for an acquired psychiatric disorder (OSTSD) was granted. The remaining issues were remanded.
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