The Veteran's service-connected cervical and lumbar spine disabilities are currently rated at 20 percent each, but the evidence does not support a higher rating under the applicable diagnostic codes.
The deciding factor: The medical records do not show that the Veteran's cervical or lumbar spine conditions meet the criteria for a higher evaluation based on limitation of motion or intervertebral disc syndrome (IVDS) criteria. The current ratings are considered appropriate given the severity and nature of his service-connected disabilities.
- Claimed conditions
- Degenerative Changes of the Cervical Spine, Degenerative Changes of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 8, 2011
- Citation
- 1122123
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 1122123.
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.
- Granted
The Veteran's service-connected disabilities, including asthma, migraines, PTSD, and TBI-related conditions, have rendered him unable to secure or maintain substantially gainful employment for the appeal period from May 14, 2018, to September 7, 2021, and from September 18, 2021, to September 7, 2022. Effective September 7, 2021, he is in receipt of a 100% combined schedular disability rating.
- Granted
The Board has granted earlier effective dates for the Veteran's MDD and lumbar spine disability ratings, as well as his TDIU eligibility. The Veteran's claims are now effective as of March 15, 2012.
- Granted
The Veteran's MDD is rated at 70 percent, effective December 22, 2011. A TDIU based solely on the service-connected lumbar spine and associated radiculopathy of the lower extremities is granted since January 15, 2010. Effective December 22, 2011, SMC at the 38 U.S.C. § 1114(s) rate is granted.
- Granted
The Veteran's service connection claims for degenerative changes of the lumbar spine, right and left lower extremity radiculopathy are granted. The rating assigned is 10%.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.