The Veteran's claim for a higher rating for cervical spine disability and SMC based on aid and attendance was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire cervical spine or incapacitating episodes requiring bed rest prescribed by a doctor, even considering pain.
The deciding factor: The evidence showed limited range of motion but no unfavorable ankylosis or IVDS with incapacitating episodes.
- Claimed conditions
- mitochondrial myopathy of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 4, 2023
- Citation
- 23063957
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 23063957.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance from November 15, 2021, finding that his service-connected disabilities did not render him bedridden or in need of regular aid and attendance.
- Remanded (sent back)
The Veteran's appeal is remanded for further evaluation of his cervical spine disability and SMC claims due to the inadequacy of a February 2021 VA examination.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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