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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1122123.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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. How we handle your email.
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.