The Veteran's back disability was not manifested by forward flexion limited to 30 degrees or less for the appeal period from September 16, 2008 to June 19, 2018. However, as of June 20, 2018, her limitation of range of motion approximated a level contemplated by a 40% disability rating.,The Veteran's neck disability was not manifested by forward flexion between 15 degrees and 30 degrees; or a combined range of motion of less than 170 degrees; or muscle spasm or guarding severe enough to result in abnormal gait or spinal contour.
The deciding factor: The evidence did not support the assignment of higher ratings due to functional limitations caused by pain, as they did not meet the requirements for a higher disability rating specified in § 4.71a.
- Claimed conditions
- Back Disability, Neck Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 1, 2023
- Citation
- 23041978
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 23041978.
What this means for you
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- Remanded (sent back)
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