The Veteran's claim for increased ratings for cervical spine disability prior to December 21, 2018 and beginning December 21, 2018 was denied. The evidence did not meet the criteria for a rating in excess of 20 percent prior to December 21, 2018 or 30 percent from that date.
The deciding factor: The evidence showed that cervical spine flexion was limited to less than 15 degrees during flare-ups but not consistently throughout the year. There were no incapacitating episodes of intervertebral disc syndrome (IVDS) and no objective neurological abnormalities meeting the criteria for a higher rating.
- Claimed conditions
- Degenerative Joint Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 27, 2019
- Citation
- 19175207
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 19175207.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's degenerative joint disease of the cervical spine was found to not meet the criteria for a higher disability rating, as it did not result in forward flexion of 15 degrees or less and there was no evidence of favorable ankylosis of the entire cervical spine.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Granted
The Veteran's low back disability was restored to a 20 percent rating effective February 24, 2022. The other issues were denied.
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