The Veteran's cervical spine disability has not been manifested by forward flexion of the cervical spine functionally limited to 15 degrees or less, favorable ankylosis of the entire cervical spine, or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 4 weeks but less than 6 weeks.,The Veteran's knee disabilities have not been evaluated based on specific service connection theory as they are rated under general rating criteria for musculoskeletal and respiratory systems.
The deciding factor: The evidence does not warrant referral for a higher rating on an extraschedular basis due to the symptomatology and functional impairment described in the schedular ratings assigned.,The VA knee examination is inadequate as it did not provide estimates of additional range-of-motion loss during flare-ups or after repetitive use over time.
- Claimed conditions
- Degenerative disc disease (DDD) of the cervical spine, Right knee osteoarthropathy, Left knee osteoarthropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102405
Veterans Law Judge
Decisions by this judge: 1,861 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19102405.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for a cervical spine disability and lumbar spine disability as further development is needed to obtain an adequate medical opinion.
- Partly granted
The Board denied service connection for PTSD and remanded the claims for degenerative disc disease of the cervical spine, left upper extremity radiculopathy, and right upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including degenerative disc disease of the lumbar and cervical spine, bilateral trochanteric pain syndrome, and a gastrointestinal disability, to obtain additional medical opinions.
- Remanded (sent back)
The Board remands the matter of entitlement to a total disability evaluation based on individual unemployability (TDIU) prior to April 26, 2022, for referral to the Director of Compensation Services for extraschedular consideration.
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