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Denied

The Veteran's cervical spine disability has been rated at 20 percent since February 2004. The most recent VA examination in April 2014 showed forward flexion limited to 40 degrees, extension limited to 35 degrees, right lateral flexion limited to 30 degrees, left lateral flexion limited to 20 degrees, and rotation limited to 60 degrees. There is no evidence of muscle spasm, ankylosis, or incapacitating episodes of intervertebral disc syndrome (IVDS) having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The deciding factor: The Veteran's cervical spine disability does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating IVDS Based on Incapacitating Episodes.

Claimed conditions
Degenerative joint and disc disease of the cervical spine, status post fusion with bone graft
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
20%
Decision date
May 4, 2017
Citation
1714663

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 1714663.

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