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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1136949.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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