The veteran's cervical spine degenerative joint disease does not meet the criteria for a rating higher than 20 percent.
The deciding factor: The range of motion in the cervical spine did not meet the criteria for a higher rating, as it was greater than 15 degrees but less than 30 degrees forward flexion and there was no evidence of ankylosis or other severe symptoms that would warrant a higher rating.
- Claimed conditions
- cervical spine degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 5, 2009
- Citation
- 0904096
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for cervical spine degenerative joint disease, finding that the Veteran's current condition is related to an in-service injury.
- Denied
The Board denied the Veteran's claims for revision of rating decisions on the basis of clear and unmistakable error, finding no undebatable errors that manifestly changed the outcomes.
- Dismissed
The veteran withdrew her appeals for all the listed conditions and issues, resulting in their dismissal.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied earlier effective dates for the cervical spine and left upper extremity radiculopathy claims, and remanded an increased rating claim for the cervical spine.
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