The Veteran's cervical spine strain with disc protrusion at C3-4 is currently rated as 30 percent disabling. The Board finds that the disability picture more nearly approximates a higher rating, but granted an increased rating of 30 percent based on the current manifestations and symptoms. Service connection for myofascial pain syndrome of the cervical spine was also granted due to its secondary nature to the service-connected cervical spine strain.
The deciding factor: The Veteran's cervical spine disability is currently rated as 30 percent disabling, which aligns with the criteria for a 30 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board granted an increased rating based on the current manifestations and symptoms without finding any aggravation or new evidence.
- Claimed conditions
- Cervical spine strain with cervical disc protrusion at C3-4, Myofascial pain syndrome of the cervical spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- July 25, 2013
- Citation
- 1323784
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 1323784.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's cervical spine disability is currently rated at 40 percent, which is the maximum rating available under the revised criteria. The appeal for a higher rating is denied.
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- Remanded (sent back)
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- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
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