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
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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.
- Granted
The Board has granted the Veteran's claim for service connection for a neck/cervical spine disability, finding that his current condition is at least as likely as not related to active duty service.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed as the Veteran requested to withdraw all of his appeals prior to a decision being made.
- Granted
The Veteran's cervical spine arthritis and bilateral hearing loss are granted. A rating of 40 percent or higher for lumbar contusion with myositis and lumbar spondylosis, TDIU on April 30, 2014, SMC under 38 U.S.C. § 1114(s) on April 30, 2014, and ratings in excess of 10 percent for radiculopathy are granted. The appeal is remanded for further rating determinations.
- Granted
The appellant is granted SMC(o) and SMC(r)(1) based on his service-connected disabilities, including PTSD, glaucoma, foot drop conditions, sleep apnea, migraines, overactive bladder, and various musculoskeletal issues. He does not qualify for higher rates due to the anatomical loss or use of extremities.
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