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.