The Veteran's cervical spine degenerative changes have been rated at 10 percent since October 1, 2009. The VA examiner found full range of motion and no additional limitation due to pain or fatigue.,For the thoracic scoliosis and DDD, the Veteran has a combined ROM of 240 degrees, which is below the threshold for a higher rating under Diagnostic Code 5242 (degenerative arthritis of the spine). The examiner did not find any additional limitation due to pain or fatigue.
The deciding factor: The Veteran's range of motion and functional impairment do not meet the criteria for a higher evaluation.
- Claimed conditions
- Cervical degenerative changes, Thoracic scoliosis and DDD (degenerative disc disease)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2016
- Citation
- 1610940
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 1610940.
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.
- Granted
The Veteran's PTSD is rated at 100 percent effective July 16, 2012. The Veteran also received SMC based on housebound status due to his service-connected disabilities.
- Denied
The Veteran's cervical and lumbosacral spine disabilities are currently rated at 20 percent, which is the maximum schedular rating available for these conditions. The VA examinations did not find any ankylosis or incapacitating episodes that would warrant a higher evaluation.
- Granted
The veteran's service-connected cervical spine and bilateral great toe disabilities have been rated at 20 percent since August 13, 1996. The claims for increased ratings are denied as the evidence does not support a higher rating under the applicable diagnostic codes.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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.