The Veteran's cervical spine condition is currently evaluated at 10 percent disabling, and the evidence does not show an exceptional disability picture that would render the available schedular evaluation inadequate.
The deciding factor: The April 2009 VA examination did not reveal any neurological defects or incapacitating episodes of spine disease. The Veteran's range of motion was limited to forward flexion of 40 degrees and a combined range of motion of 275 degrees, which is within the criteria for a 10 percent rating.
- Claimed conditions
- Cervical Spine Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 14, 2011
- Citation
- 1138403
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 1138403.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection due to new and relevant evidence received, including VA examinations and opinions that tend to prove or disprove the Veteran's claim of entitlement to service connection for an acquired psychiatric disorder. The cervical spine condition is denied as there was no in-service onset or chronicity.
- Remanded (sent back)
The Board has granted service connection for a right knee strain. The cases of cervical spine condition, left upper extremity nerve condition, left lower extremity condition (radiculopathy), right shoulder condition, and left shoulder condition are remanded for further development.
- Denied
The Board denied service connection for IBS, chronic fatigue syndrome, and increased ratings for bilateral foot conditions and bilateral hearing loss. The TBI, cervical spine, left knee, right knee, lower left extremity neurological condition, lower right extremity neurological condition, and neuropathy of the right ankle residuals were remanded.
- Partly granted
The Board denied service connection for obstructive sleep apnea on a direct basis and remanded the claims for secondary service connection and cervical spine conditions.
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