The veteran's cervical spine strain did not meet the criteria for an increased initial rating greater than 10 percent prior to April 17, 2008, and greater than 20 percent thereafter.
The deciding factor: The veteran's symptoms were moderate with severe flare-up pain twice per week that limited his range of motion but did not meet the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- cervical spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904831
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.
- Denied
The Board denied the veteran's claims for increased ratings for cervical spine strain, left upper extremity peripheral nerve condition, and right upper extremity peripheral nerve condition.
- Granted
The Board granted service connection for cervical spine strain, left and right upper extremity radiculopathy, migraine headaches, and depressive disorder, finding that these conditions are secondary to the Veteran's service-connected disabilities.
- Remanded (sent back)
The Board remands the claims for further development and to ensure proper due process, including adequate requests for service and medical records, and adequate medical examinations based upon an accurate record.
- Denied
The Board denied restoration of the 20 percent ratings for cervical spine strain, thoracolumbar strain, and right lower extremity radiculopathy due to improvement in the disabilities under ordinary conditions of life and work.
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