The Veteran's cervical spine disability was rated at 10 percent prior to October 13, 2017. The evidence did not show forward flexion of the cervical spine greater than 15 degrees but not more than 40 degrees or a combined range of motion less than 170 degrees.
The deciding factor: The Veteran's flexion was found at 45 degrees and there were no findings indicating limitation of motion that would warrant a higher rating under Diagnostic Code 5242.
- Claimed conditions
- Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 29, 2019
- Citation
- 19133141
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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