The Veteran's cervical strain was not manifested by forward flexion less than 40 degrees or a combined range of motion less than 335 degrees, and he did not have muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. The right shoulder strain has been manifested by shoulder pain but not limited to midway between the side and shoulder level.
The deciding factor: The Veteran's cervical range of motion was consistently normal during this period, ranging from 0 to 45 degrees, which is outside the minimum requirements for a 10% disability rating. There were no evidence of muscle spasms or guarding severe enough to result in an abnormal gait or spinal contour.
- Claimed conditions
- Cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- May 23, 2013
- Citation
- 1316952
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 1316952.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
- Granted
Service connection for PTSD, to include depression is granted.,Service connection for blisters of bilateral feet is denied.,Service connection for cervical strain is denied.,Service connection for headaches is denied.,Service connection for right shoulder rotator cuff injury is denied.,Service connection for chest injury and lumbar strain are remanded.
- Granted
The Veteran's cervical strain and vitreous floaters have been granted service connection as they are directly related to his military service.
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