The Board denied an increased rating for the Veteran's neck disability, finding that the evidence did not show forward flexion of the cervical spine at 15 degrees or less, which is required for a higher rating.
The deciding factor: The medical evidence showed that the Veteran's neck had forward flexion greater than 15 degrees but not less than 30 degrees, which does not meet the criteria for a higher rating under DC 5242.
- Claimed conditions
- Cervical degenerative joint disease, C4-C5 small bulging disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 24, 2023
- Citation
- 23040417
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 23040417.
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.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has also remanded the claims for chronic kidney disease and an increased rating for chronic epididymo-orchitis.
- Remanded (sent back)
The Veteran's appeal is remanded for obtaining private records and providing an addendum opinion regarding neck flareups.
- Denied
The Board denied the Veteran's request for an extension of his delimiting date for VA educational assistance benefits under Chapter 30, finding that he did not submit a timely request and that his service-connected disabilities did not prevent him from utilizing these education benefits.
- Granted
The Veteran's cervical spine condition was rated at 20% effective August 28, 2018. The lumbosacral strain with intervertebral disc syndrome was rated at 40% effective April 26, 2018.,Effective September 9, 2016, the Veteran's radiculopathy of the right upper extremity and left upper extremity were granted service connection. The right knee osteoarthritis and left knee strain have been rated at 20% since their respective effective dates.,The reduction in ratings for the knees was restored to pre-reduction levels.
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