The Veteran's cervical spine disability is not rated higher than 20 percent, and his bilateral leg stress fractures do not warrant separate compensable ratings. The Board also found that the Veteran did not meet criteria for TDIU prior to March 1, 2012.
The deciding factor: The evidence does not show forward flexion of the cervical spine at 15 degrees or less, unfavorable ankylosis, or incapacitating episodes of IVDS meeting the criteria for a higher rating. The Veteran's stress fractures have been productive of pain and functional limitations most nearly representing a slight disability.
- Claimed conditions
- Degenerative Joint Disease (DJD) and Degenerative Disc Disease (DDD) 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 9, 2016
- Citation
- 1618435
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. Search VA.gov for the original decision (opens in a new tab) using citation 1618435.
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 has remanded the Veteran's claims for further development and readjudication due to insufficient medical opinions regarding the severity of his cervical spine and lumbar spine disabilities prior to August 23, 2011.
- Whole decision: Denied
The Board denied a rating greater than 20 percent for the appellant's service-connected cervical spine disability and an initial rating of more than 30 percent for his headaches. The claim for entitlement to TDIU was also denied.
- Whole decision: Remanded (sent back)
The Board has remanded the issues of service connection for cervical spine DJD and DDD, increased rating for right clubfoot with hammer toes and limited ankle motion since June 11, 2003, and TDIU prior to May 10, 2019. The Veteran is requested to provide release forms for relevant medical records and undergo VA evaluations.
- Whole decision: Denied
The Board found that the veteran's service-connected disabilities, including PTSD and cervical/lumbar spine conditions, did not prevent him from securing or following substantially gainful employment prior to September 26, 2003. Therefore, an earlier effective date for TDIU is denied.
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