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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 1607361.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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