The Veteran was granted initial ratings of 20 percent and 30 percent for cervical spine arthritis, effective December 28, 2005 and August 1, 2008 respectively.
The deciding factor: The disability picture more nearly approximated moderate functional loss due to pain with limitation of forward flexion of the cervical spine to 15 degrees on repetitive movement from December 28, 2005 to January 24, 2008. Beginning August 1, 2008, the disability was not shown to be manifested by unfavorable ankylosis of the entire cervical spine.
- Claimed conditions
- cervical spine arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911458
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for service connection for cervical spine arthritis, lumbar spine arthritis, traumatic brain injury (TBI), seizure disorder, and erectile dysfunction has been dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remands the claims for further development, specifically to obtain relevant Social Security Administration records.
- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Granted
The Board granted service connection for cervical spine arthritis and left upper extremity carpal tunnel syndrome based on a favorable nexus opinion from the Veteran's treating physician.
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