The Board denied entitlement to increased ratings for a cervical spine disability and granted entitlement to TDIU, effective July 1, 2010.
The deciding factor: The evidence did not support the criteria for higher ratings due to the limited range of motion and lack of additional functional loss during flare-ups or after repeated use. However, it supported the Veteran's inability to secure and follow substantially gainful employment due to his service-connected disabilities.
- Claimed conditions
- Cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- 24031765
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
- Partly granted
The Board granted service connection for a lumbar spine disability, a cervical spine disability, and right ear hearing loss but denied service connection for sinusitis. The left ear hearing loss claim was remanded.
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