The Veteran's cervical spine disability is now rated at 30 percent, effective February 17, 2020. His low back disability remains rated at 20 percent.
The deciding factor: The VA examiner found that the Veteran’s forward flexion of the cervical spine was limited to 15 degrees with pain and loss caused by flare-ups, meeting the criteria for a 30 percent rating under DC 5237.
- Claimed conditions
- Cervical spine strain, Osteoarthritis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 30, 2020
- Citation
- 20081629
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Partly granted
The Board granted increased initial ratings for cervical spine strain and cervicothoracic radiculopathy of both upper extremities, as well as service connection for right hand and wrist pain. The left hand disability was denied.
- Denied
The Board denied the veteran's claims for increased ratings for cervical spine strain, finding that the evidence did not support a higher rating under the applicable criteria.
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