The Veteran's cervical spine disability is currently rated at 20 percent, effective since May 28, 2013. The Board found that a higher rating was not warranted as the limitation of motion did not meet the criteria for an increased rating.,The Veteran's cluster headaches are currently rated at 50 percent, effective since May 28, 2013. The case is remanded to determine if extraschedular consideration is warranted.
The deciding factor: The Veteran’s cervical spine disability has been rated based on the General Rating Formula for Diseases and Injuries of the Spine, which does not include provisions for IVDS (intervertebral disc syndrome). The current rating of 20 percent reflects limitation of motion to 20 degrees in forward flexion, at its worst. The Veteran’s subjective reports of flare-ups do not result in functional loss beyond what is already contemplated by the existing rating criteria.,The Veteran's cluster headaches are rated under Diagnostic Code 8100 for migraine headaches. The maximum schedular rating of 50 percent is warranted for very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability. However, as the case is remanded to determine if extraschedular consideration is warranted, it is not clear whether an increased rating would be granted.
- Claimed conditions
- Cervical spine disability, Cluster headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 15, 2022
- Citation
- 22034965
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 22034965.
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.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
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