The Veteran's service-connected cervical spine disability with torticollis and tremor is rated at 40 percent, the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board finds that this rating adequately reflects the severity of his condition based on current medical evidence.
The deciding factor: The Veteran's cervical spine disability with torticollis and tremor is rated at 40 percent, which represents the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The medical evidence does not support a higher evaluation as his range of motion remains within the criteria for a 30 percent rating (15 degrees flexion with pain).
- Claimed conditions
- Degenerative disc disease of the cervical spine with traumatic arthritis, Torticollis, Tremor
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 30, 2011
- Citation
- 1136949
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. Read the original VA decision (opens in a new tab) using citation 1136949.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has determined that the Veteran's claimed cervical spine disability and torticollis are not related to his active service, as there is no evidence of a chronic condition during or within one year after service. The claims for these conditions have therefore been denied.
- Whole decision: Denied
The Board found that the Veteran's degenerative disc disease of the cervical spine and torticollis are not related to his military service, thus denying service connection for both conditions.
- Whole decision: Granted
The Board has determined that the termination of SMC based on the need for regular aid and attendance was improper, as it had not been in effect long enough to warrant a reduction. The Veteran's disability remains severe enough to require such benefits.
- Whole decision: Denied
The Board found no evidence of multiple sclerosis in service or within the presumptive period after discharge, and thus denied service connection.
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