The Veteran's cervical and thoracolumbar sprain disabilities have been rated at 10 percent since September 22, 2009. Prior to this date, the conditions were not service-connected.
The deciding factor: The VA examinations prior to September 22, 2009 did not show any signs of arthritis or significant loss of range of motion that would warrant a compensable rating under Diagnostic Codes for range of motion loss.
- Claimed conditions
- Cervical Sprain, Thoracolumbar Sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 14, 2011
- Citation
- 1126438
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 1126438.
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.
- Granted
The Veteran's PTSD, sleep apnea, hypertension, right MCA stroke with left-sided hemiplegia and major neurocognitive impairment, headaches, left ankle sprain, cervical sprain, and lumbar disc disease are all granted as secondary to service-connected conditions.
- Denied
The Veteran's service connection claim for right ear hearing loss is denied. The VA examiner found no current diagnosis of right ear hearing loss, and the Veteran does not have a current disability related to his thoracolumbar sprain or right shoulder that warrants an increased rating. A separate 10 percent rating was granted for the right sciatic nerve disability.
- Granted
The Board incorrectly applied the law, finding clear and unmistakable evidence that a cervical sprain existed prior to service but failed to consider whether it was aggravated during service. The decision is revised due to this error.
- Denied
The Veteran's cervical spine disability was found to have a combined range of motion of the cervical spine to 280 degrees, with no muscle spasm or guarding severe enough to result in an abnormal gait. The Veteran's foot condition did not show any abnormalities on imaging studies and had no impact on his ability to work.
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