The Veteran's cervical spine disability was previously rated at 20 percent. The VA determined that the current range of motion, despite muscle spasms and pain, does not warrant a higher evaluation.
The deciding factor: The Veteran's range of motion did not meet the criteria for a 30 percent evaluation due to exceeding 15 degrees of flexion, even with consideration of additional pain from muscle spasms.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 2, 2010
- Citation
- 1004853
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. Read the original VA decision (opens in a new tab) using citation 1004853.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for a disability rating in excess of 30 percent for cervical spine DJD, right upper extremity radiculopathy, and left upper extremity radiculopathy due to incomplete development.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbosacral spine disabilities have been remanded due to new treatment records showing possible worsening of his conditions.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions regarding the nature and etiology of the Veteran's cervical spine disability, including whether it is related to service or secondary to a service-connected condition.
- Whole decision: Denied
The Veteran's cervical spine disability is rated at 20 percent, effective February 5, 2022. The rating for LUE radiculopathy remains unchanged.
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