The VA denied an initial disability rating in excess of 20 percent for a service-connected cervical strain, finding that the veteran's condition did not meet criteria for higher ratings based on incapacitating episodes or other factors.
The deciding factor: The veteran's cervical strain was found to be productive of forward flexion limited to 15 degrees and no more than favorable ankylosis, which does not meet the criteria for a rating in excess of 20 percent under the applicable VA rating criteria.
- Claimed conditions
- cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 26, 2008
- Citation
- 0828947
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 0828947.
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.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Granted
The Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
- Granted
The Veteran's claims for service connection and increased ratings have been granted. The effective date for the grant of service connection for cervical strain is April 4, 2005. Ratings for PTSD, cervical strain, vertebral fracture and lumbar discectomy, and IBS are all denied or not granted as requested.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
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