The Veteran's cervical spine disability has been objectively shown to be manifested by no more than degenerative disc disease, a cervical spine range of motion of forward flexion of 0 to 45 degrees with pain beyond 35 degrees, extension of 0 to 45 degrees, right lateral flexion of 0 to 45 degrees with pain beyond 35 degrees, left lateral flexion of 0 to 45 degrees, right lateral rotation of 0 to 80 degrees with pain beyond 70 degrees, and left lateral flexion of 0 to 80 degrees; normal sensation around the neck and shoulders; normal upper extremity muscle strength, and no radiculopathy. As such, an initial evaluation in excess of 10 percent is not warranted for the Veteran's cervical spine degenerative disc disease at any time during the pendency of this appeal.
The deciding factor: The Veteran's cervical spine disability has been objectively shown to be manifested by no more than degenerative disc disease, a cervical spine range of motion of forward flexion of 0 to 45 degrees with pain beyond 35 degrees, extension of 0 to 45 degrees, right lateral flexion of 0 to 45 degrees with pain beyond 35 degrees, left lateral flexion of 0 to 45 degrees, right lateral rotation of 0 to 80 degrees with pain beyond 70 degrees, and left lateral flexion of 0 to 80 degrees; normal sensation around the neck and shoulders; normal upper extremity muscle strength, and no radiculopathy. These findings do not meet the criteria for an evaluation in excess of 10 percent under the provisions of Diagnostic Code 5243.
- Claimed conditions
- cervical spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 27, 2010
- Citation
- 1032356
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 1032356.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA medical opinions regarding the etiology of the Veteran's cervical spine disorder. The AOJ is required to obtain new opinions addressing whether the Veteran's cervical spine disorder resulted from in-service injury or service-connected disability, and whether it was caused by or a result of his service-connected knee and/or thoracolumbar spine disabilities.
- Granted
The Veteran's service-connected disabilities, including migraine headaches, chronic vertigo, thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, left and right lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined effects of these disabilities.
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