The Board granted a separate evaluation of 10 percent for functional impairment due to pain on motion of the veteran's service-connected cervical spine disability, but denied an increased evaluation in excess of 20 percent disabling for degenerative joint disease of the cervical spine.
The deciding factor: The medical evidence supported a finding of greater limitation of motion due to pain on use, but did not more nearly approximate a finding of incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months, or forward flexion of the cervical spine 15 degrees or less, or favorable or unfavorable ankylosis of the entire cervical spine.
- Claimed conditions
- Degenerative joint disease of the cervical spine, Right and left upper extremity radiculopathy associated with degenerative joint disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 13, 2009
- Citation
- 0901400
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a cervical spine disability to obtain an adequate medical opinion addressing both causation and aggravation.
- Denied
The Board denied higher ratings for the Veteran's knee and cervical spine disabilities, finding that the evidence did not support a higher rating under applicable criteria.
- Granted
The Veteran's service-connected degenerative joint disease of the cervical spine has prevented him from securing and maintaining substantially gainful occupation, and he is granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) at the housebound rate.
- Denied
The Veteran's service-connected disabilities do not preclude him from securing and following any substantially gainful employment prior to June 14, 2022.
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.