The Veteran's initial rating for a cervical spine disability is denied prior to May 24, 2019 and thereafter. A TDIU on a schedular basis from August 23, 2011 to February 20, 2015 is granted.
The deciding factor: The Veteran's cervical spine disability has not been manifested by unfavorable ankylosis of the entire cervical spine since May 24, 2019 and does not result in incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during any 12-month period.
- Claimed conditions
- Cervical spine sprain with spondylosis, degenerative disc disease, and status post anterior cervical discectomy and fusion, Right upper extremity radiculopathy, Lumbar sprain, Cervicogenic headaches, Right shoulder strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 30, 2020
- Citation
- 20070681
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.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Remanded (sent back)
The Board remands the appeal for additional development, including a retrospective opinion regarding range of motion during flare-ups and requesting evidence pertaining to the Veteran's annual income prior to January 2010.
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