The veteran's service-connected cervical spine disability is not manifested by forward flexion of the cervical spine to 15 degrees or less, by favorable ankylosis of the entire cervical spine, or by incapacitating episodes having a total duration of at least four weeks.
The deciding factor: The Board found that the evidence did not support a rating in excess of 20 percent for the veteran's service-connected cervical spine disability based on the range of motion findings and lack of evidence of ankylosis, incapacitating episodes, or other chronic orthopedic or neurologic manifestations.
- Claimed conditions
- cervical spine disability, traumatic injury to the cervical spine with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 10, 2009
- Citation
- 0904861
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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Remanded (sent back)
The Board remands the claim for a cervical spine disability to obtain an addendum medical opinion addressing the Veteran's in-service treatment for pack palsy with residual weakness.
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