The Veteran's degenerative joint disease of the cervical spine is rated at 40 percent, which closely approximates unfavorable ankylosis. The Veteran's cervical dystonia affecting muscle group XXIII has been rated at 30 percent and does not warrant a higher rating as there are no additional problems beyond those contemplated by the schedule.
The deciding factor: The Veteran's degenerative joint disease of the cervical spine is found to closely approximate unfavorable ankylosis, which warrants a 40% evaluation under Diagnostic Code 5242.
- Claimed conditions
- Degenerative Joint Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 6, 2011
- Citation
- 1100749
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 1100749.
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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