The Veteran's cervical spine disability prior to December 9, 2015 did not meet the criteria for a rating in excess of 10 percent due to limited range of motion and no evidence of ankylosis or intervertebral disc syndrome.
The deciding factor: The Veteran’s cervical spine disability did not result in forward flexion of the cervical spine greater than 30 degrees, combined range of motion greater than 170 degrees, muscle spasm or guarding severe enough to result in abnormal gait or spinal contour, ankylosis, or intervertebral disc syndrome (IVDS) during this period.
- Claimed conditions
- Degenerative Joint Disease, Disc Disease (Status Post Discectomy and Spinal Fusion for C3-C5)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 27, 2020
- Citation
- 20069667
Veterans Law Judge
Decisions by this judge: 2,287 · Granted: 23% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 20069667.
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: Remanded (sent back)
The Veteran's TDIU and Dependents' Educational Assistance claims have been granted effective from November 23, 2019.,The Board has also remanded the Veteran's increased rating claims for his lumbar and cervical spine conditions.
- Whole decision: Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service-connection claim for a back condition to include degenerative joint disease and degenerative disc disease. The case is being remanded for further review.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a need for a VA examination to determine the nature and likely etiology of the Veteran's back disability, including whether it is related to service.
- Whole decision: Granted
The Veteran's right knee degenerative joint disease and patellofemoral syndrome were granted a 20 percent rating, effective from January 8, 2021. The Veteran also received restoration of the 20 percent rating for instability of the right knee.
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