The Veteran's service-connected cervical spine disability has been restored to a 20 percent rating from June 21, 2017. The higher than 20 percent and compensable ratings for restrictive lung disease and tension headaches have not been granted.
The deciding factor: Restoration of the 20 percent rating was based on continued evidence of cervical spine disability with forward flexion to 35 degrees during flare-ups, without ankylosis or incapacitating episodes requiring bed rest and treatment by a physician.
- Claimed conditions
- multilevel cervical spondylosis, cervical degenerative disc disease, cervical muscle strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 14, 2020
- Citation
- 20002986
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for multiple conditions, including bilateral foot disability, knee disability, ankle disability, cervical degenerative disc disease, spondylosis, and cervicalgia, secondary to a service-connected lumbar strain, as well as GERD. The claims of readjudication were also granted.
- Denied
The Board denied increased ratings for the neck, left wrist ganglion cyst, and left wrist scar; granted increased ratings for the bilateral CTS and hypertension for part of the periods of appeal; and remanded the issues of increased ratings for bilateral CTS with radiculopathy from June 20, 2022, and entitlement to a TDIU prior to June 20, 2022.
- Granted
The Board granted an initial rating of 30 percent for cervical degenerative disc disease, resolving all doubt in favor of the Veteran.
- Denied
The Board denied service connection for cervical degenerative disc disease, cervical degenerative joint disease, and bilateral upper and lower extremity radiculopathy as the probative evidence did not support a finding that these conditions were related to the Veteran's active military service.
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