The Veteran's service-connected cervical spine disability was rated at 20 percent prior to May 16, 2017. The Board found that the evidence did not support a higher rating based on the degree of limitation experienced during flare-ups and repetitive use over time.
The deciding factor: The VA examinations showed forward flexion of the cervical spine at worst to 25 degrees with additional loss in range of motion due to flare-ups and repetitive use. There was no evidence of ankylosis or intervertebral disc syndrome (IVDS).
- Claimed conditions
- Degenerative joint disease of the cervical spine with spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 27, 2020
- Citation
- 20029297
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 20029297.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including PTSD, asthma with sleep apnea, chronic kidney disease, and various musculoskeletal conditions, render him unable to perform daily activities without regular aid and attendance. The Board has determined that the criteria for SMC based on need for aid and attendance have been met.
- Remanded (sent back)
The Board has remanded the case due to a lack of clarity regarding the Veteran's cervical spine disability prior to May 16, 2017. The Appellant and her attorney requested a new medical opinion on this issue.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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