The Veteran's cervical spine disability prior to December 9, 2015 did not meet the criteria for a rating in excess of 10 percent due to limited range of motion and no evidence of ankylosis or intervertebral disc syndrome.
The deciding factor: The Veteran's cervical spine disability did not result in forward flexion of the cervical spine greater than 30 degrees, combined range of motion less than 170 degrees, muscle spasm or guarding severe enough to result in abnormal gait or spinal contour, ankylosis, or intervertebral disc syndrome.
- Claimed conditions
- Degenerative Joint Disease, Disc Disease (Status Post Discectomy and Spinal Fusion for C3-C5)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 27, 2020
- Citation
- 20069667
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 Veteran's knee disabilities have been rated based on their effects on his ability to perform activities of daily living, with a 30 percent rating for post-operative residuals and a 40 percent rating for limited extension. A separate 10 percent rating has also been granted for symptomatic removal of semilunar cartilage.
- Remanded (sent back)
The Veteran's claim for increased ratings for degenerative joint disease of the left and right feet has been granted with a rating of 20 percent each. However, his request for TDIU remains pending as it was not initially addressed by the AOJ.
- Granted
The Board has determined that the Veteran's current left knee disability, including osteoarthritis and degenerative joint disease, is at least as likely as not related to her military service. The claim for service connection is therefore granted.
- Granted
The Board has determined that the Veteran's current left knee disability, including diagnosed degenerative joint disease, is etiologically linked to his documented in-service left knee injury and symptoms. As such, service connection for this condition is granted.
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.