The Board denied an increased rating for the Veteran's cervical spine disability, finding that the evidence did not support a higher rating based on the severity of his symptoms during the appeal period.
The deciding factor: The evidence did not show forward flexion greater than 15 degrees but not greater than 30 degrees or combined range of motion less than 170 degrees; nor was there ankylosis or functional equivalent of ankylosis. The Veteran's worst reported range of motion was limited to 35 degrees for forward flexion.
- Claimed conditions
- cervical spine degenerative joint disease, chronic cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 11, 2023
- Citation
- 23055686
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 23055686.
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 claim for a temporary total rating based on hospitalization or convalescence due to his service-connected cervical spine disability is remanded as the record does not include post-surgical follow-up treatment records from the University of Virginia Hospital.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for cervical spine degenerative joint disease and a back disability due to lack of evidence linking these conditions to his military service. The case is being remanded for further examination and opinion regarding the claimed back disability.
- Granted
The Board has granted service connection for cervical spine degenerative joint disease and lumbar spine degenerative joint disease, including radiculopathy. The decision is based on the Veteran's reported in-service injuries and current medical diagnoses.
- Remanded (sent back)
The Board remands the issue of entitlement to an increased disability rating in excess of 10 percent for service-connected chronic cervical strain due to a lack of adequate VA examination.
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