The Veteran's cervical spine disability is rated at 30 percent, the maximum available under former Diagnostic Code 5290. The claim for hepatitis B and lumbar strain with degenerative disc disease remains pending.
The deciding factor: The Veteran demonstrated severe limitation of motion in his cervical spine during VA examinations conducted throughout the appeal period, warranting a 30 percent rating based on the old schedular criteria.
- Claimed conditions
- Cervical disc disease, Hepatitis B, Lumbar strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 24, 2014
- Citation
- 1428373
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 1428373.
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 claims for service connection were denied, and the reduction of his hepatitis B rating from 20% to 0% was upheld. Service connection was not established for diabetes, left knee arthritis, hypertension, or obstructive sleep apnea. Bilateral hearing loss was granted.
- Denied
The Veteran's appeals for increased ratings for his right shoulder and lumbar spine disabilities were denied. The Board found that the evidence did not support a higher rating for either condition.
- Remanded (sent back)
The Veteran's asthma and hepatitis B claims are remanded for further evaluation. The TDIU claim is also remanded due to its inextricability with the other claims.
- Remanded (sent back)
The Veteran's claim for an initial rating in excess of 20 percent for hepatitis B from January 4, 1977, to June 18, 2009 is being remanded due to the need for a retrospective addendum opinion.
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