The Board has determined that the Veteran's claims for increased ratings for his herniated lumbosacral spine condition, cervical spine arthritis, and left shoulder arthritis have been denied as there is no evidence of ankylosis or incapacitating episodes meeting the criteria for higher ratings under the applicable rating schedule.
The deciding factor: The VA examinations did not find any evidence of unfavorable ankylosis or incapacitating episodes that would warrant a higher rating based on Diagnostic Code 5243 (for intervertebral disc syndrome).
- Claimed conditions
- Herniated lumbosacral spine condition, Degenerative arthritis of cervical spine, Degenerative arthritis of left shoulder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2018
- Citation
- 1818770
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 1818770.
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 cervical spine disability has been rated at 20% since April 2020 and is now rated at 30% throughout the appeal period. The rating is based on forward flexion limited to 15 degrees or less, with no ankylosis.
- Remanded (sent back)
The Board remands the claims for service connection for degenerative arthritis of cervical spine, left upper extremity radiculopathy, right upper extremity radiculopathy, and scar on neck as secondary to a lumbar spine disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for an initial evaluation more than 20 percent for degenerative arthritis of cervical spine and more than 30 percent for right upper extremity (RUE) radiculopathy and carpal tunnel syndrome to ensure adequate examinations are conducted.
- Denied
The Board denied service connection for degenerative arthritis of the right shoulder and cervical spine, finding that there is no persuasive evidence linking these conditions to service.
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