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Board of Veterans' Appeals · Legacy series

Entitlement to a 30 percent rating, and no higher, from April 17, 2023, for degenerative disc disease (DDD) of the cervical spine with cervicalgia is granted.

January 30, 2026Citation Nr. 26001403Docket 19-00 579va.gov source

  • Degenerative disc disease (DDD) of the cervical spine with cervicalgiaGranted

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

Authorities

  • Stegall v. West, 11 Vet. App. 268cited for remand and finality principles ensuring proper development (Stegall v. West, 11 Vet. App. 268)
  • Correia v. McDonald, 28 Vet. App. 158required range-of-motion testing for pain on active, passive, and weight-bearing movements (Correia)
  • DeLuca v. Brown, 8 Vet. App. 202factors for functional loss due to pain (DeLuca)

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.