The Veteran's claim for an increased evaluation of his cervical spine disability was denied, as the evidence did not meet the criteria for a rating in excess of 10 percent prior to March 15, 2011, and in excess of 20 percent thereafter. The other claims were also denied.
The deciding factor: The Veteran's degenerative arthritis of the cervical spine was manifested by limitation of motion with pain and some flare-ups, but without objective evidence of muscle spasm on extreme forward bending, loss of lateral spine motion, unilateral, in a standing position; moderate limitation of motion; or incapacitating episodes.
- Claimed conditions
- Degenerative Arthritis of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2012
- Citation
- 1227725
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 1227725.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Dismissed
The Veteran's claims for increased disability ratings have been dismissed as the appeals were not properly initiated.,Claims related to service connection and effective dates have also been dismissed.
- Granted
The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected unspecified anxiety disorder, degenerative arthritis of the cervical spine, and cervical radiculopathy. The decision is based on evidence showing that obesity, a result of immobility due to service-connected disabilities, exacerbated the Veteran's obstructive sleep apnea.
- Granted
The Veteran is granted a TDIU and SMC for statutory housebound due to service-connected disabilities, including anxiety disorder, degenerative arthritis of the cervical spine, right upper extremity radiculopathy, and left upper extremity radiculopathy. The combined rating is at least 100 percent.
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