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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1801940.
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: Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Whole decision: Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
- Whole decision: Denied
The Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Whole decision: Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
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.