Board reasoning
The Board resolved the existing claims in favor of a 30% rating from April 17, 2023, based on the April 2023 and October 2025 examiner findings showing forward flexion limited to 15 degrees during flare-ups and lack of unfavorable cervical ankylosis, applying the General Formula for spine disabilities and noting that any additional functional loss due to pain is reflected in the ROM measurements. It considered DeLuca/39 4.40/4.45 concepts but held that a separate rating for pain-related functional loss was not warranted beyond the ROM-based rating, and it found no evidence of bed-rest-necessary IVDS or ankylosis to support a higher rating. The Board also discussed the lack of specific neck examinations timing when the worsening began, but extrapolated flare-up ROM to support the 30% rating, resolving reasonable doubt in the Veteran's favor.
Issues
- Degenerative disc disease (DDD) of the cervical spine with cervicalgiaGranted
Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.