The Veteran's claim for a rating in excess of 10 percent for degenerative arthritis of the cervical spine was denied. The VA medical examination showed that the Veteran had forward flexion to at least 45 degrees, extension to at least 35 degrees, right lateral flexion to 38 degrees, left lateral flexion to 40 degrees, right rotation to 60 degrees, and left rotation to 55 degrees. The combined range of motion was 273 degrees.
The deciding factor: The Veteran's cervical spine disability did not meet the criteria for a higher rating as his forward flexion exceeded 45 degrees and he had no incapacitating episodes or abnormal gait/spinal contour.
- Claimed conditions
- sleep apnea, degenerative joint disease (DJD) of the bilateral hips, degenerative joint disease (DJD) of the bilateral knees, numbness in the left thigh and hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 31, 2010
- Citation
- 1012015
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 1012015.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a direct service connection opinion and an adequate secondary service connection aggravation opinion.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Dismissed
The appeal for service connection for sleep apnea is dismissed as the benefit sought has been granted, making the case moot.
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