The Veteran's claim for an increased rating for his cervical disability was denied. He was previously rated at 20 percent and now receives a 30 percent rating effective from September 14, 2011 to March 20, 2015.
The deciding factor: The evidence did not show that the Veteran's neck mobility had worsened beyond what is required for a 30 percent rating prior to September 14, 2011. The VA examinations consistently showed flexion of more than 15 degrees and there was no ankylosis.
- Claimed conditions
- chronic myfasciitis, herniated cervical disk, status post cervical fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- July 31, 2018
- Citation
- 18122405
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 18122405.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for multiple conditions, including adjustment disorder with anxiety and depressed mood, GERD, contact dermatitis, left ankle gout, degenerative changes of the lumbosacral spine, left knee meniscal tear and gout, left big toe gout, left elbow gout, status post cervical fusion, and sleep apnea, as they are related to active duty training (ACDUTRA).
- Denied
The Veteran's neck disability was rated at 10 percent prior to May 26, 2015 and denied a higher rating.,The Veteran's neck disability was rated at 20 percent from September 1, 2015 and denied a higher rating.
- Granted
The Veteran's service-connected disabilities have rendered him unable to attend to many of the activities of daily living without regular assistance from a personal caregiver, warranting SMC at the aid and attendance rate.
- Dismissed
The Veteran has withdrawn his appeals for the initial ratings of cervical fusion, lumbosacral strain with lumbar spondylosis, and left shoulder status post arthroscopic surgery.
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