The Veteran's cervical spine disability is rated at 20 percent, but does not meet the criteria for a higher rating due to limited flexion.,For the period prior to April 22, 2008, and excluding the temporary 100% rating from April 22, 2008, to May 31, 2008, the Veteran's lumbar spine disability is rated at 10 percent. The criteria for a higher rating are not met.,The Veteran's headaches prior to July 13, 2017, do not meet the criteria for a compensable rating due to lack of characteristic prostrating attacks.,From July 13, 2017, the Veteran's headaches do not meet the criteria for a disability rating in excess of 30 percent due to severe economic inadaptability.,The Veteran does not meet the preliminary schedular requirements for a TDIU.
The deciding factor: The Veteran's cervical spine disability has forward flexion at worst of 40 degrees, which is less than the required 15 degrees for a higher rating. There were no incapacitating episodes in the past year.,For the period prior to April 22, 2008, and excluding the temporary 100% rating from April 22, 2008, to May 31, 2008, the Veteran's lumbar spine disability had forward flexion at worst of 85 degrees. There were no incapacitating episodes in the past year.,The Veteran's headaches prior to July 13, 2017, did not manifest with symptoms that more nearly approximated characteristic prostrating attacks.,From July 13, 2017, the Veteran's headaches did not meet the criteria for a disability rating in excess of 30 percent due to severe economic inadaptability.,The Veteran does not meet the preliminary schedular requirements for a TDIU.
- Claimed conditions
- Cervical Spine Disability, Lumbar Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2018
- Citation
- 1801940
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 1801940.
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 the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's appeal for a higher rating for his lumbar spine disability, both before and after November 8, 2024.
- Remanded (sent back)
The Board remands the claims for service connection for GERD, OSA, a cervical spine disability, and a thyroid disability to obtain an adequate medical opinion.
- Denied
The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance due to his service-connected disabilities, including bipolar disorder.
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