The Veteran's service-connected cervical spine disability is currently rated at 20 percent, which meets the criteria for a higher rating. The other two issues (left and right knee disabilities) are not addressed in this decision.
The deciding factor: The most recent VA examination showed a combined range of motion of the cervical spine to be 155 degrees, which warrants a 20 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- spondylosis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 3, 2009
- Citation
- 0912583
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 0912583.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal seeking an effective date prior to April 3, 2018 for the grant of a total disability rating based on individual unemployability and for eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35; a compensable rating for service-connected dry eye syndrome; and readjudication of previously denied claims of service connection for neck muscle spasms, neuropathy (claimed as deep-seated itch in the neck, shoulders, and arms), left upper extremity radiculopathy, right upper extremity radiculopathy, and spondylosis of the cervical spine, with submission of new and relevant evidence, is dismissed.
- Remanded (sent back)
The Board remands the claims for a higher initial rating of the cervical spine disability and upper extremity radiculopathies to ensure consideration of additional evidence.
- Remanded (sent back)
The Board remands the claims for a higher initial rating for cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy to ensure that all relevant evidence is obtained.
- Remanded (sent back)
The Veteran's initial rating for his cervical spine disability and left upper extremity radiculopathy are being remanded due to inconsistencies in the May 2022 VA examination report. The Veteran will be afforded a new VA examination of his cervical spine disability, including clarification on the extent of additional limitation in range of motion during repetitive motion testing.
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