The Board has granted a 40 percent rating for the veteran's service-connected cervical spine disability, which is the maximum rating provided under the General Rating Formula for service connected disabilities limited to the cervical spine.
The deciding factor: The evidence showed that the veteran's cervical spine disability was fixed at 10 degrees flexion and with head facing leftward at 8 degrees, meeting the regulatory definition of unfavorable ankylosis. This warranted a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- torticollis, cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 4, 2008
- Citation
- 0837963
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 0837963.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for neck pain pinched nerve severe arthritis cervical spine is dismissed as a matter of law. Service connection and increased ratings are granted for major depression, mental disorder anxiety and PTSD, carpal tunnel syndrome (both wrists), and migraine including migraine variants.
- Dismissed
The Veteran's appeals for higher disability ratings and service connection were withdrawn, and the appeal concerning a deferred evaluation for left ear hearing loss was dismissed due to a claims-processing error.
- Dismissed
Your appeal for service connection on multiple conditions has been dismissed due to the Veteran's death during the pendency of your appeal.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance due to his dementia, which is not service-connected.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.