The Veteran's degenerative disc disease of the cervical spine was evaluated at a 10 percent rating prior to June 28, 2012, and higher than 20 percent thereafter. The Board found that his range of motion did not meet the criteria for a higher evaluation.
The deciding factor: The Veteran's range of motion did not demonstrate limitation sufficient to warrant an increased evaluation based on Diagnostic Code 5243 (rating formula for intervertebral disc syndrome).
- Claimed conditions
- Degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 16, 2020
- Citation
- 20067216
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine, left and right upper extremity radiculopathy, as secondary to a service-connected lower back disability.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the cervical spine and entitlement to TDIU due to the need for a medical opinion on whether the Veteran's symptoms amount to functional ankylosis.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine and cervical spine, finding that these conditions are related to the Veteran's combat service in the Persian Gulf.
- Remanded (sent back)
The Board remands the claim for service connection for a neck condition, to include degenerative disc disease of the cervical spine, cervical lordosis, and bone atrophy, as secondary to degenerative disc disease of the thoracolumbar spine, due to duty to assist errors.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.