The Veteran's cervical spine disability was previously rated at 10 percent prior to April 4, 2017, and increased to 20 percent as of that date. The Board found the evidence did not support a higher rating for any period.
The deciding factor: The evidence showed that the Veteran had flexion greater than 15 degrees but less than 30 degrees at both time periods considered, which does not meet the criteria for a higher rating under the General Rating Formula for Rating Diseases and Injuries of the Spine.
- Claimed conditions
- Cervical spine strain, Degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 22, 2020
- Citation
- 20080651
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 an earlier effective date and service connection for sleep apnea, finding no clear and unmistakable error in the prior rating decisions and no evidence linking the sleep apnea to service or a service-connected disability.
- Partly granted
The Board granted an initial rating of 20 percent for left and right lower extremity radiculopathy, but remanded other claims related to obstructive sleep apnea, bladder condition, left knee disability, degenerative disc disease, bilateral hearing loss, and right shoulder disability.
- Partly granted
The Board denied increased ratings for cervical and thoracolumbar spine strains, TMJ disorder, dermatitis of the face, right knee chondromalacia grade II with patellar tendonitis, medial meniscal derangement, and Baker's cyst, and bilateral hearing loss. However, service connection was granted for radicular pain paresthesia of the right upper extremity.
- Partly granted
The Board granted service connection for Generalized Anxiety Disorder, Major Depressive Disorder, Panic Disorder, and Agoraphobia as well as cervical spine strain, right and left upper extremity radiculopathy, and right and left lower extremity radiculopathy. A 40 percent rating was assigned for gastritis.
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