The Veteran's degenerative arthritis of the cervical spine is currently rated at 20 percent, which meets the criteria for a higher rating. The appeal was granted.
The deciding factor: The VA examination reports and treatment records show that the Veteran's cervical spine has forward flexion greater than 30 degrees and complete range of motion in excess of 170 degrees, meeting the criteria for a 20 percent disability rating under DC 5242.
- Claimed conditions
- Degenerative Arthritis of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 7, 2013
- Citation
- 1336242
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 1336242.
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 Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Dismissed
The Veteran's claims for increased disability ratings have been dismissed as the appeals were not properly initiated.,Claims related to service connection and effective dates have also been dismissed.
- Granted
The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected unspecified anxiety disorder, degenerative arthritis of the cervical spine, and cervical radiculopathy. The decision is based on evidence showing that obesity, a result of immobility due to service-connected disabilities, exacerbated the Veteran's obstructive sleep apnea.
- Granted
The Veteran is granted a TDIU and SMC for statutory housebound due to service-connected disabilities, including anxiety disorder, degenerative arthritis of the cervical spine, right upper extremity radiculopathy, and left upper extremity radiculopathy. The combined rating is at least 100 percent.
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