The Veteran's intervertebral disc syndrome (IVDS) was not productive of forward flexion of the cervical spine 15 degrees or less, resulting in a denial for increased ratings.
The deciding factor: The VA examinations showed that the Veteran’s range of motion did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 15, 2019
- Citation
- 19186325
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 Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Denied
The Board denied the Veteran's claims for an increased rating for degenerative arthritis of the lumbar spine and a separate rating for traumatic brain injury residuals, finding that the evidence did not support higher ratings.
- Remanded (sent back)
The appeal is remanded for a new VA examination to address the severity of the Veteran's intervertebral disc syndrome without considering the ameliorative effects of medication.
- Partly granted
The Veteran is granted an effective date of October 21, 2019, for a disability rating of 30 percent for left knee meniscal tear, ACL tear, and osteoarthritis status post left total knee replacement.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.