The Veteran's cervical spine degenerative joint disease was previously rated at 10 percent prior to July 12, 2018. Effective from July 12, 2018, the rating has been increased to 30 percent.,Since August 19, 2019, a higher rating for cervical spine degenerative joint disease is denied. The Veteran's lumbar spine degenerative joint disease was previously rated at 10 percent prior to July 12, 2018. Effective from July 12, 2018, the rating has been increased to 40 percent.,The Board has remanded the issue of entitlement to a total disability rating based upon individual unemployability (TDIU).
The deciding factor: The evidence showed that the Veteran's cervical spine degenerative joint disease had forward flexion limited to 15 degrees, which meets the criteria for a 30 percent rating.
- Claimed conditions
- Cervical Spine Degenerative Joint Disease, Lumbar Spinal Degenerative Joint Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2020
- Citation
- 20053723
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 20053723.
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.
- Denied
The Veteran's increased ratings for cervical spine degenerative joint disease, thoracolumbar spine degenerative joint disease, and radiculopathy of the right lower extremity with demyelinating polyneuropathy are denied. A TDIU is granted for the period from February 7, 2018, to February 6, 2022, but dismissed for the period thereafter.
- Granted
The Veteran is granted TDIU effective July 2, 2012. Prior to that date, his service-connected disabilities did not render him unemployable.
- Remanded (sent back)
The Board has remanded the case for further examination and evaluation to determine if the Veteran is entitled to special monthly compensation based on aid and attendance or housebound status from July 12, 2011 to January 29, 2019, and whether TBI alone warrants such benefits.
- Granted
The Veteran's cervical spine condition is rated at a 30 percent disability rating, effective November 5, 2014. The Board found the evidence in approximate balance as to whether the Veteran's cervical spine condition was manifested by pain and limited range of motion.
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