The Veteran's cervical strain with radiculopathy is currently rated at 30 percent, and the evidence does not support a higher rating as there are no findings of unfavorable ankylosis or incapacitating episodes.
The deciding factor: The VA examinations did not find any signs of unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome. The Veteran's range of motion was limited but not so severely that it would warrant a higher rating.
- Claimed conditions
- Cervical Strain, Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 4, 2014
- Citation
- 1453488
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 1453488.
What this means for you
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What you can do next
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- Remanded (sent back)
The Veteran's PTSD rating is restored to 50 percent, but his other orthopedic disabilities remain in dispute and require further review.,His cervical strain, DJD of the left knee, and lumbar spine degenerative arthritis are all rated below their maximum possible ratings due to lack of evidence showing they meet or approximate the criteria for higher ratings.
- Remanded (sent back)
The Board has dismissed the Veteran's freestanding claim for an earlier effective date for service connection of her right shoulder disability. The appeal is remanded to consider a rating in excess of 10 percent for cervical strain.
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