The Veteran's increased ratings for cervical strain prior to September 28, 2010 and prior to March 9, 2018 are denied. The Veteran's increased rating for cervical strain from March 9, 2018 forward is granted at a 30 percent disability rating.
The deciding factor: The VA examinations and medical records do not support the need for an increased rating in excess of 30 percent for the Veteran’s cervical strain prior to September 28, 2010 and prior to March 9, 2018. The evidence shows that the Veteran's symptoms have remained consistent with a forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees, or combined range of motion of the cervical spine not greater than 170 degrees.
- Claimed conditions
- Cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 23, 2019
- Citation
- 19180818
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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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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