The Veteran is granted an initial disability rating of 30 percent for cervical spondylosis, status post spinal fusion prior to October 12, 2007. The appeal is denied for ratings in excess of 10 and 30 percent from October 12, 2007 to February 2, 2017, and from February 3, 2017 respectively.
The deciding factor: The Veteran's flexion was functionally limited to 15 degrees or less prior to October 12, 2007 and from February 3, 2017; from October 12, 2007 to February 2, 2017, the Veteran manifested flexion greater than 30 degrees but not greater than 40 degrees.
- Claimed conditions
- Cervical Spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 16, 2019
- Citation
- 19103888
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for major depressive disorder (MDD) and remanded claims related to eye conditions, traumatic brain injury (TBI), temporomandibular joint dysfunction (TMJ), and tension headaches.
- Dismissed
The Board denied the request for an extension of time to file a notice of disagreement and dismissed the appeals related to PTSD, anxiety, depression, bilateral hearing loss, tinnitus, and cervical spondylosis.
- Granted
Service connection for PTSD is granted.,Service connection for unspecified depressive disorder as secondary to service-connected back condition is granted.,The Veteran's multiple joint arthritis claim is remanded.,The Veteran's cervical spondylosis and right knee conditions are both remanded.,The Veteran's left knee strain rating is remanded.
- Denied
The Veteran's service-connected disabilities did not prevent him from obtaining or retaining substantially gainful employment prior to July 26, 2017.
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