The veteran's service-connected cervical spine arthritis is manifested by combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees, which does not meet the criteria for a higher disability rating.
The deciding factor: The veteran's combined range of motion did not exceed the threshold required for a higher disability rating under the applicable diagnostic codes.
- Claimed conditions
- cervical spine arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 6, 2008
- Citation
- 0826380
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 0826380.
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.
- Granted
The Board has granted the Veteran's claim for service connection for a neck/cervical spine disability, finding that his current condition is at least as likely as not related to active duty service.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed as the Veteran requested to withdraw all of his appeals prior to a decision being made.
- Granted
The Veteran's cervical spine arthritis and bilateral hearing loss are granted. A rating of 40 percent or higher for lumbar contusion with myositis and lumbar spondylosis, TDIU on April 30, 2014, SMC under 38 U.S.C. § 1114(s) on April 30, 2014, and ratings in excess of 10 percent for radiculopathy are granted. The appeal is remanded for further rating determinations.
- Granted
The appellant is granted SMC(o) and SMC(r)(1) based on his service-connected disabilities, including PTSD, glaucoma, foot drop conditions, sleep apnea, migraines, overactive bladder, and various musculoskeletal issues. He does not qualify for higher rates due to the anatomical loss or use of extremities.
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