The Board has granted a 20 percent rating for the Veteran's cervical spine disability, effective September 14, 2004. The right hand paresthesia is rated at 20 percent disabling from September 10, 2009.
The deciding factor: The VA examinations and medical records provided evidence of significant limitation in range of motion for the cervical spine prior to September 14, 2004, warranting a higher rating. From that date onward, the Veteran's disability was found to be limited to flexion limited to 30 degrees, extension and bilateral lateral flexion each limited to 20 degrees, and bilateral rotation limited to 80 degrees.
- Claimed conditions
- Degenerative Joint Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 14, 2010
- Citation
- 1026305
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 1026305.
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.
- Denied
The Veteran's degenerative joint disease of the cervical spine was found to not meet the criteria for a higher disability rating, as it did not result in forward flexion of 15 degrees or less and there was no evidence of favorable ankylosis of the entire cervical spine.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Granted
The Veteran's low back disability was restored to a 20 percent rating effective February 24, 2022. The other issues were denied.
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