The Veteran's cervical spine disability is rated at 30 percent, effective from the date of this decision. The lumbosacral spine disability remains at a 10 percent rating prior to December 1, 2011 and at a 20 percent rating thereafter. Separate 10 percent ratings are assigned for right and left circumflex nerve paralysis.
The deciding factor: The Veteran's cervical spine disability is rated based on limitation of motion with less movement, incoordination, pain, guarding or muscle spasm severe enough to result in an abnormal spinal contour, but no ankylosis. The lumbosacral spine disability is rated based on painful motion and some muscle spasm, tenderness to palpation, and guarding. Right and left circumflex nerve paralysis are each rated as moderate incomplete paralysis.
- Claimed conditions
- Cervical spine strain, Lumbosacral degenerative disc disease and degenerative joint disease without radiculopathy, Right circumflex nerve paralysis, Left circumflex nerve paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 20, 2013
- Citation
- 1326500
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 1326500.
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.
- Granted
The Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim of service connection for a neck disorder, as it is insufficiently addressed in the previous decision. The case will be sent back for an addendum opinion.
- Denied
The Veteran's cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
- Granted
The Board has granted a 20 percent rating for the Veteran's cervical spine strain from October 24, 2011. The effective date is set at that time.
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