The Veteran's cervical spine disability is currently rated at 30 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.
The deciding factor: The Veteran's limitation of motion does not meet or approximate the criteria for an increased rating as his forward flexion was found to be limited to 10 degrees during flare-ups and after repetitive use over time, which falls short of the required 15 degrees or less for a 30 percent rating.
- Claimed conditions
- Degenerative Joint Disease (DJD), Cervical Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 25, 2023
- Citation
- 23004857
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 23004857.
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.
- Denied
The Veteran's cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
- Granted
The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected unspecified anxiety disorder, degenerative arthritis of the cervical spine, and cervical radiculopathy. The decision is based on evidence showing that obesity, a result of immobility due to service-connected disabilities, exacerbated the Veteran's obstructive sleep apnea.
- Granted
The Veteran's cervical radiculopathy of the right and left upper extremities have been granted increased ratings to 70 percent.
- Granted
The Veteran's cause of death is determined to be causally related to his service-connected Degenerative Disc Disease and Degenerative Joint Disease, leading to a liver biopsy. As such, the claim for service connection for the cause of death is granted.
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