The Veteran's claim for a rating in excess of 20 percent for his cervical spine disability was denied as the evidence did not show that forward flexion was limited to 15 degrees or less, which would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.,The Veteran's claim for TDIU prior to November 7, 2011 was also denied as he failed to complete the necessary VA Form 21-8940, leaving insufficient information regarding his employment history.
The deciding factor: For a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, forward flexion must be limited to 15 degrees or less. The Veteran's range of motion was found to be 30 degrees on both examinations conducted.,The denial of TDIU prior to November 7, 2011 is due to the Veteran failing to complete the necessary VA Form 21-8940, which would have provided information regarding his employment history and ability to work.
- Claimed conditions
- Degenerative cervical spine changes with muscular neck pain, Right shoulder rotator cuff injury, Mild chronic neurogenic changes of the right biceps, Mild chronic neurogenic changes of the left biceps, Right ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2017
- Citation
- 1733501
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 1733501.
What this means for you
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- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
- Remanded (sent back)
The Veteran's claims for earlier effective dates for service connection of hypertension and right ear hearing loss were denied. The Board has remanded these issues.,Service connection for hypertension was granted in June 2023 based on the PACT Act, but an earlier effective date is not warranted.
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