The Veteran's cervical spine disability is not manifested by forward flexion to 15 degrees or less, favorable ankylosis of the entire cervical spine, or incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months. Therefore, he does not meet the criteria for a rating in excess of 20 percent.
The deciding factor: The Veteran's range of motion did not meet the criteria for ankylosis or limitation to 15 degrees of forward flexion, which are required for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Cervical strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 21, 2021
- Citation
- 21075719
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21075719.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cervical strain with degenerative disc disease is rated at 30 percent, and he is granted service connection for vertigo and cervicogenic headaches secondary to this condition.
- Partly granted
The Board denied increased ratings for cervical strain with degenerative disc disease, right and left thumb, index, long, ring, and little finger degenerative arthritis, and right knee tendonitis. However, a separate rating of 10 percent was granted for the group of minor joints composed of the right and left ring and little fingers.
- Denied
The Veteran's cervical strain with degenerative disc disease is currently rated at 10 percent prior to September 20, 2021, and at 30 percent thereafter. The claim for a higher rating remains denied as the evidence does not support an increase in ratings.
- Remanded (sent back)
The Board has remanded the case for a VA examination to assess the Veteran's cervical spine condition, as the previous examination did not adequately address flare-ups and their impact on function.
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