The Veteran's cervical spine disability is now rated at 30 percent effective September 5, 2013. His lumbar spine disability was initially rated at 10 percent from November 26, 2014 and increased to 20 percent since June 13, 2018.
The deciding factor: The VA examinations showed limited range of motion for both cervical and lumbar spine disabilities, with pain limiting the Veteran's ability to fully flex his neck and back. The Board found that these findings warranted higher ratings based on the criteria set forth in the Rating Schedule.
- Claimed conditions
- cervical strain, lumbar strain and discogenic disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- April 2, 2019
- Citation
- 19124536
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 higher ratings for the Veteran's service-connected carpal tunnel syndrome and cubital tunnel syndrome of both upper extremities, but remanded claims for service connection for sinusitis, calcified lymph nodes on the lungs, and cervical strain.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Denied
The Board denied the veteran's claims for an earlier effective date for service connection for cervical strain, left upper extremity radiculopathy, and right upper extremity radiculopathy. The claim for an earlier effective date for a left shoulder disability was dismissed.
- Remanded (sent back)
The Board remands the claims for service connection for a left hip condition, right hip condition, cervical strain, and back condition due to an incomplete duty to assist error in failing to afford the Veteran VA examinations.
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