The Veteran's cervical spine disability is evaluated at 30 percent, the maximum schedular evaluation based on limitation of motion. His lumbar spine disability has been rated as 20 percent disabling throughout the appeal period. The Board denied all issues related to service connection and evaluations.
The deciding factor: The Veteran's cervical spine disability was evaluated under Diagnostic Code 5242, which pertains to degenerative arthritis of the spine. As he is already receiving the maximum schedular evaluation based on limitation of motion, no higher rating can be assigned. His lumbar spine disability has been rated as 20 percent disabling throughout the appeal period.
- Claimed conditions
- Degenerative arthritis and degenerative disc disease of the cervical spine, Degenerative arthritis and degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 30, 2011
- Citation
- 1147364
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 1147364.
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: Remanded (sent back)
The Board remands the claim for an initial rating in excess of 20 percent for a cervical spine disability due to an inadequate VA examination.
- Whole decision: Granted
The Board grants service connection for various disabilities, including degenerative arthritis and degenerative disc disease of the lumbar spine, cervical arthritis and intervertebral disc syndrome, posterior neck scar, neurological impairments of all extremities, hypopharyngeal mucosa laceration with residual dysphagia and esophagus dysfunction, neurogenic bowel dysfunction, neurogenic bladder dysfunction, and erectile dysfunction, as secondary to service-connected spinal disabilities.
- Whole decision: Partly granted
The Veteran's PTSD with acute TBI was increased from 50% to 70%, but no higher, while other claims for increased ratings were denied.
- Whole decision: Remanded (sent back)
The Board has remanded the case to refer it to the Director of Compensation Service for consideration of entitlement to a TDIU on an extraschedular basis due to the Veteran's service-connected disabilities prior to October 26, 2020.
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.