The Veteran's cervical spine disorder is currently rated at 20 percent, the maximum schedular rating available. The Board found that his forward flexion was to 25 degrees, which does not meet the criteria for a higher rating under Diagnostic Code 5243.
The deciding factor: The objective medical evidence did not show ankylosis or limitation of motion sufficient to warrant a higher disability rating.
- Claimed conditions
- Cervical spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 18, 2020
- Citation
- 20073968
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.
- Denied
The Board denied the Veteran's claims for a compensable rating for left ear hearing loss and service connection for major depressive disorder, among other issues. The decision also remanded several claims for further development.
- Partly granted
The Board denied increased ratings for the Veteran's lumbar and cervical spine disabilities, but granted a 40 percent rating for right upper extremity radiculopathy.
- Granted
The Veteran's service-connected disabilities rendered him unemployable as of December 28, 2012, but no earlier.
- Granted
The Veteran is granted a total disability rating based on individual unemployability and special monthly compensation from May 5, 2019.
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