The Board granted a 40 percent evaluation for cervical disc disease, resolving reasonable doubt in the veteran's favor.
The deciding factor: The evidence showed consistent restrictions in the range of motion of the cervical segment of the spine and occasional muscle spasms, but did not show favorable or unfavorable ankylosis, pronounced neurological symptoms, or periods of bed rest prescribed for four weeks or longer.
- Claimed conditions
- chronic cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2009
- Citation
- 0902672
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.
- Remanded (sent back)
The Board remands the issue of entitlement to an increased disability rating in excess of 10 percent for service-connected chronic cervical strain due to a lack of adequate VA examination.
- Denied
The Board denied the veteran's claims for higher ratings for chronic cervical strain, chronic lumbar strain, and chronic left and right shoulder sprains prior to November 30, 2022.
- Remanded (sent back)
The Board remanded the claims for a higher rating due to inadequate VA examinations. A new examination is required to assess the veteran's conditions during flare-ups and repeated use.
- Denied
The Board denied service connection for thrombocytopenia purpura and higher ratings for several other conditions due to lack of evidence or failure to attend scheduled VA examinations.
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.