The Veteran's cervical spine disability, rated at 30 percent prior to September 23, 2022, and in excess of 30 percent thereafter, does not meet the criteria for a higher rating under VA regulations. The Board found no evidence of forward flexion of the cervical spine to 15 degrees or less, favorable ankylosis of the entire cervical spine, or incapacitating episodes that would warrant a higher rating.
The deciding factor: The Veteran's disability did not meet the criteria for increased ratings under VA regulations due to lack of forward flexion of the cervical spine to 15 degrees or less, unfavorable ankylosis of the entire cervical spine, or incapacitating episodes as defined by VA regulations.
- Claimed conditions
- Cervical spine strain, IVDS (intervertebral disc syndrome), Deformity of dens
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 19, 2023
- Citation
- 23066914
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 23066914.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim of service connection for a neck disorder, as it is insufficiently addressed in the previous decision. The case will be sent back for an addendum opinion.
- Granted
The Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- 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 Veteran's back disability, rated at 40 percent since March 14, 2022, is granted effective from that date.
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