The Veteran's spondylosis of the thoracic and lumbar spine with kyphosis of the thoracic spine is currently rated at 40 percent, which is the maximum schedular evaluation available. The cervical spine disability is currently rated at 20 percent. There are no incapacitating episodes over the past 12 months due to intervertebral disc syndrome.
The deciding factor: The Veteran's spondylosis of the thoracic and lumbar spine does not meet or approximate the criteria for a higher evaluation as it has not resulted in ankylosis at any point during the appeal period. The cervical spine disability also does not meet or approximate the criteria for a higher evaluation as it has not resulted in forward flexion of the cervical spine 15 degrees or less, nor has it resulted in favorable ankylosis of the entire cervical spine.
- Claimed conditions
- spondylosis of the thoracic and lumbar spine, spondylosis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 4, 2015
- Citation
- 1537960
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 1537960.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal seeking an effective date prior to April 3, 2018 for the grant of a total disability rating based on individual unemployability and for eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35; a compensable rating for service-connected dry eye syndrome; and readjudication of previously denied claims of service connection for neck muscle spasms, neuropathy (claimed as deep-seated itch in the neck, shoulders, and arms), left upper extremity radiculopathy, right upper extremity radiculopathy, and spondylosis of the cervical spine, with submission of new and relevant evidence, is dismissed.
- Remanded (sent back)
The Board remands the claims for a higher initial rating of the cervical spine disability and upper extremity radiculopathies to ensure consideration of additional evidence.
- Remanded (sent back)
The Board remands the claims for a higher initial rating for cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy to ensure that all relevant evidence is obtained.
- Remanded (sent back)
The Veteran's initial rating for his cervical spine disability and left upper extremity radiculopathy are being remanded due to inconsistencies in the May 2022 VA examination report. The Veteran will be afforded a new VA examination of his cervical spine disability, including clarification on the extent of additional limitation in range of motion during repetitive motion testing.
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