The Board has determined that the Veteran's service-connected herniated nucleus pulposus of the cervical spine does not warrant a disability rating in excess of 20 percent, as it does not meet the criteria for an increased rating under the applicable VA Rating Schedule.
The deciding factor: The Veteran's forward flexion of the cervical spine was found to be greater than 15 degrees but not greater than 30 degrees, and the combined range of motion did not exceed 170 degrees. These findings do not meet the criteria for a disability rating in excess of 20 percent under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Herniated nucleus pulposus of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2012
- Citation
- 1232590
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 1232590.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's TDIU claim is granted from January 11, 2008. The Board has remanded the issue of an increased rating for his left ankle disability.
- Denied
The Veteran's cervical spine disability was rated as 10 percent disabling prior to January 27, 2009 and has been rated as 20 percent disabling since then. The evidence does not support a higher rating at any time during the appeal period.,The Veteran's left hand paresthesias have been rated as 10 percent disabling since October 1999. The April 2009 VA examiner noted mild incomplete paralysis in the minor extremity, warranting a 10% rating.
- Denied
The Board found that the reduction of the disability evaluation from 60 percent to 10 percent for herniated nucleus pulposus of the cervical spine with upper extremity complaints was proper, as the evidence showed significant improvement in the Veteran's condition.
- Granted
The Veteran's service-connected cervical and lumbar spine disabilities have been rated at 20 percent each, with no higher ratings granted. The Board has found that the current ratings are appropriate based on the objective findings from VA examinations.
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