The Board granted an initial 30 percent rating for the cervical spine disability from September 16, 2010 to July 5, 2021 and a 40 percent rating from June 25, 2013 to July 5, 2021. The lumbar spine disability ratings were denied.
The deciding factor: The limitation of motion in the cervical spine did not meet the criteria for higher ratings due to lack of evidence of unfavorable ankylosis or incapacitating episodes. For the lumbar spine, the ratings granted and denied were based on the severity of forward flexion and other factors as outlined by the rating criteria.
- Claimed conditions
- Cervical spine disability, Lumbar spine disability, Right lumbar radiculopathy, Left lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2021
- Citation
- 21062197
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Denied
The Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
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