The Veteran's service-connected cervical spine disability has been characterized by complaints of limitation of motion and pain, but he has had forward flexion of the cervical spine greater than 15 degrees, and there is no favorable ankylosis of the entire cervical spine. There is also no evidence of incapacitating episodes or separately ratable associated objective neurological abnormalities or disc impairment.
The deciding factor: The VA examination revealed that the Veteran's cervical spine had forward flexion greater than 15 degrees and no unfavorable ankylosis, which precludes a higher rating under the General Rating Formula for Diseases and Injuries of the Spine (as in effect since September 26, 2003).
- Claimed conditions
- Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 30, 2013
- Citation
- 1303118
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 1303118.
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- Denied
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- Remanded (sent back)
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- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to inadequate examinations. The Veteran is required to undergo new VA examinations to assess her current and retrospective severity of these disabilities.
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