The veteran's service-connected degenerative arthritis of the cervical spine is not shown to be more disabling than currently rated at 20 percent.
The deciding factor: The evidence does not show that the veteran's degenerative arthritis of the cervical spine results in forward flexion less than 30 degrees, or any other limitation that would warrant a rating higher than 20 percent under the applicable criteria.
- Claimed conditions
- Degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 11, 2008
- Citation
- 0812213
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.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for a new VA examination to address whether the Veteran's degenerative arthritis of the cervical spine is secondary to his service-connected right shoulder disability.
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