The Veteran's back and neck disabilities have not met the criteria for a higher rating, with no evidence of ankylosis or incapacitating episodes.
The deciding factor: The Veteran's range of motion does not meet the criteria for a 40 percent evaluation due to thoracolumbar spine ankylosis or forward flexion of less than 30 degrees. The medical evidence does not support higher ratings based on additional neurological findings or incapacitating episodes.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Lumbar Spine, Degenerative Joint Disease (DJD), Spondylosis of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 1, 2014
- Citation
- 1419310
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 1419310.
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: Denied
The Veteran's cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
- Whole decision: Granted
The Veteran's cause of death is determined to be causally related to his service-connected Degenerative Disc Disease and Degenerative Joint Disease, leading to a liver biopsy. As such, the claim for service connection for the cause of death is granted.
- Whole decision: Dismissed
The Veteran's appeal for service connection for DJD and rotator cuff tear of the left shoulder was dismissed because the VA Form 10182 was not timely filed.
- Whole decision: Granted
The Veteran's service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.
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