The Veteran's appeal for an initial rating greater than 20 percent for cervical strain was denied. The Board found that the criteria set forth in the VA Schedule for Rating Disabilities did not adequately contemplate his disability picture, and thus considered whether other related factors such as marked interference with employment or frequent periods of hospitalization were present. No such factors were identified.
The deciding factor: The Veteran's symptoms do not meet the criteria for a higher rating based on ankylosis or functional impairment due to pain on motion, but his disability picture does exhibit marked interference with employment and frequent periods of flare-ups which result in significant limitations.
- Claimed conditions
- Cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 23, 2023
- Citation
- 23004064
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 23004064.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
- Granted
Service connection for PTSD, to include depression is granted.,Service connection for blisters of bilateral feet is denied.,Service connection for cervical strain is denied.,Service connection for headaches is denied.,Service connection for right shoulder rotator cuff injury is denied.,Service connection for chest injury and lumbar strain are remanded.
- Granted
The Veteran's cervical strain and vitreous floaters have been granted service connection as they are directly related to his military service.
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