The Veteran's claim for a rating in excess of 30 percent for his service-connected cervical spine disability has been denied. The disability is currently rated at 30 percent, the maximum under the General Rating Formula for Diseases or Injuries of the Spine.
The deciding factor: The Veteran’s cervical spine disability does not meet the criteria for a higher rating as it does not involve unfavorable ankylosis, associated objective neurologic abnormalities, or incapacitating episodes of intervertebral disc syndrome requiring bed rest with a total duration of at least four weeks but less than six weeks in a twelve-month period.
- Claimed conditions
- neck muscle strain, mild degenerative disc disease of the cervical spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 22, 2020
- Citation
- 20004936
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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