The Veteran's appeal for a higher rating for his cervical spine disability and TDIU was denied. The Board found that the current 10 percent rating adequately reflects any functional impairment, pain, and weakness caused by his service-connected condition.
The deciding factor: The VA examinations did not show ankylosis or flexion worse than 35 degrees in the cervical spine, and there were no findings of associated neurological disabilities. The Veteran's other service-connected conditions do not preclude him from obtaining and retaining substantially gainful employment.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 18, 2018
- Citation
- 1828934
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 1828934.
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied a rating in excess of 20 percent for degenerative disc disease (DDD) of the cervical spine and a rating in excess of 10 percent for radiculopathy of the left lower extremity prior to June 3, 2022.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an increased rating and TDIU due to inadequate examination reports in the previous decisions. The Veteran needs a new VA examination to assess his cervical spine disability, including range of motion during flare-ups and repeated use.
- Remanded (sent back)
The Board remands the issues of entitlement to an initial evaluation in excess of 10 percent prior to December 26, 2007, and in excess of 20 percent thereafter for degenerative disc disease (DDD) of the cervical spine due to inadequate explanation of denial of higher evaluations.
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