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Denied

The Veteran's neck disability is rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating. The Veteran also has other service-connected disabilities and her combined rating is less than 60%, so she cannot be granted a TDIU based on these conditions alone.

The deciding factor: The Veteran's neck disability does not meet the criteria for a higher rating as it does not result in forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees, which is required for a higher rating under DC 5237. The combined rating of her service-connected disabilities does not meet the requirements for a TDIU.

Claimed conditions
neck disability, sinusitis with migraine headaches
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
10%
Decision date
March 19, 2019
Citation
19119613

Veterans Law Judge

John J. Crowley

Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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 19119613.

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