The Veteran's initial higher ratings for cervical and thoracolumbar spine disabilities were denied as the evidence did not show forward flexion of either spine at or below the required levels.
The deciding factor: The combined range of motion for both cervical and thoracolumbar spines was found to be within the limits that warrant a 20 percent rating, but not higher due to lack of additional limitation of motion on repetitive use testing.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 5, 2014
- Citation
- 1439553
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 1439553.
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.
- Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Granted
The Veteran's back disability is rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbar spine disabilities prior to October 22, 2008 are being remanded due to the need for additional retrospective medical opinions.
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