The Board granted increased ratings for thoracolumbar strain and cervical strain status post fusion C5-C6, but denied an increased rating for the latter condition in certain periods.

The deciding factor: The Veteran's disability manifested in forward flexion to 30 degrees or less, which is consistent with a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. The cervical scarring was found to be secondary to the service-connected cervical strain status post fusion C5-C6.

Claimed conditions

thoracolumbar strain, cervical strain status post fusion C5-C6, cervical scarring associated with cervical strain status post fusion C5-C6

How they argued it

Secondary to another service-connected condition

Exposure basis

None

Rating assigned

40%

Decision date

October 14, 2025

Citation

25012817

Want to see how appeals like this one tend to go? Appeals like mine