The Veteran's appeal for higher ratings for cervical strain and TDIU was denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 10 percent prior to June 2, 2015 or in excess of 30 percent thereafter. Additionally, there is no evidence of unfavorable ankylosis of the entire cervical spine or entire spine, and no neurologic abnormalities associated with the cervical strain.
The deciding factor: The medical evidence did not show forward flexion greater than 15 degrees but not greater than 30 degrees; combined range of motion of the cervical spine not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.
- Claimed conditions
- Cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 21, 2019
- Citation
- 19148716
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
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- Denied
The Board denied the Veteran's claims for increased ratings for cervical strain and right upper extremity radiculopathy, and remanded claims for an initial rating in excess of 10 percent for a right wrist sprain and service connection for a lumbosacral strain.
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