The Veteran's cervical spine disability is currently evaluated as 30 percent disabling, and the Board finds that this rating adequately reflects the severity of his condition based on the applicable schedular criteria. The Veteran's symptoms are considered in conjunction with the Deluca factors, and no higher rating can be assigned.
The deciding factor: The Veteran's cervical spine disability is manifested by pain, stiffness, cramping, spasms, arthritis shown by x-ray findings, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees, and muscle spasm or guarding of the cervical spine resulting in abnormal spinal contour. These symptoms are considered in conjunction with the Deluca factors, which account for functional impairment due to pain, swelling, lack of endurance, etc.
- Claimed conditions
- Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 25, 2016
- Citation
- 1607361
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 1607361.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to inadequate examinations. The Veteran is required to undergo new VA examinations to assess her current and retrospective severity of these disabilities.
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