The Veteran's cervical spine disability is currently rated at 10 percent disabling, and the evidence does not support a higher rating.
The deciding factor: The VA examination indicated that the Veteran’s forward flexion of the cervical spine was measured at 45 degrees, which falls within the criteria for a 10 percent evaluation under DC 5242. The combined range of motion did not meet the criteria for a higher rating.
- Claimed conditions
- Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 5, 2019
- Citation
- 19125931
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board remands the claims for service connection for GERD, OSA, a cervical spine disability, and a thyroid disability to obtain an adequate medical opinion.
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- Dismissed
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- Partly granted
The Board denied a rating in excess of 70 percent for PTSD and remanded claims for service connection for left shoulder, right shoulder, bilateral foot, left ankle, right ankle, and cervical spine disabilities.
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