The Veteran's cervical spine disability, which includes degenerative joint disease and disc issues at C5-6, is currently rated as 20 percent disabling. The evidence does not support a higher rating based on the current range of motion or any additional functional loss.
The deciding factor: The Veteran’s cervical spine disability has been evaluated under Diagnostic Code 5241 for degenerative arthritis of the spine, which requires limitation of motion to warrant a higher rating. Current flexion is limited to 30 degrees and there is no evidence of ankylosis or other conditions that would support a higher evaluation.
- Claimed conditions
- Degenerative Joint Disease, Degenerative Disc Disease, Neural Foramina Narrowing at C5-6
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 2, 2012
- Citation
- 1234309
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 1234309.
What this means for you
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The Veteran's TDIU and Dependents' Educational Assistance claims have been granted effective from November 23, 2019.,The Board has also remanded the Veteran's increased rating claims for his lumbar and cervical spine conditions.
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The Board has decided to remand the case due to a duty to assist error and requires an additional VA examination for the Veteran's back disability.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service-connection claim for a back condition to include degenerative joint disease and degenerative disc disease. The case is being remanded for further review.
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