The veteran's chronic cervical musculoligamentous strain was rated at 30 percent for the period on and after July 22, 2008, but higher evaluations were not warranted. The right thoracic scoliosis did not meet criteria for a rating in excess of 40 percent.
The deciding factor: The veteran's cervical spine range of motion was severely limited, warranting a 30 percent evaluation under the old criteria; however, no additional functional loss or ankylosis was shown to support a higher rating. The thoracic scoliosis did not meet the criteria for a 40 percent rating.
- Claimed conditions
- chronic cervical musculoligamentous strain, right thoracic scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2009
- Citation
- 0905247
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
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