The Board determined that the Veteran's cervical spine disability warranted a 10 percent evaluation prior to August 11, 2010 and a 20 percent evaluation since then.
The deciding factor: The VA examinations conducted during the appeal period did not show any incapacitating episodes or physician-prescribed bedrest for intervertebral disc syndrome. The Veteran's cervical spine disability was rated under Diagnostic Code 5290, which considers limitation of motion and other symptoms such as pain.
- Claimed conditions
- Chronic cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 29, 2011
- Citation
- 1131736
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 1131736.
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.
- Remanded (sent back)
The Board has remanded the cases due to incomplete development and unsuccessful attempts to contact the Veteran.
- Remanded (sent back)
The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA examinations and considering his symptoms since last evaluated in March 2015.
- Denied
The Veteran's right ankle strain is currently rated at 10 percent, which reflects moderate limitation of motion. The Board finds no evidence of marked limitation of motion.,For the period prior to July 26, 2016, the Veteran’s DJD of the right knee was characterized by pain and some limitation of motion; however, there is no indication of ankylosis or severe symptoms warranting a higher rating. Since July 26, 2016, the Veteran's right foot pes planus and plantar fasciitis with callus on the great toe have resulted in moderate to severe unilateral symptoms.,Prior to July 31, 2013, the Veteran did not meet the criteria for a higher rating due to cervical strain. Since then, his disability has not met the criteria for favorable ankylosis or severe recurrent subluxation/lateral instability warranting a higher rating.,For the period prior to July 26, 2016, the Veteran's major depressive disorder did not result in occupational and social impairment with reduced reliability and productivity. Since then, his condition has resulted in such impairment but not to the extent that it would meet the criteria for greater disability.
- Granted
The Veteran's degenerative disc disease of the spine is now rated at 40 percent, effective February 5, 2016. This rating reflects significant limitation in forward flexion.
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