The Veteran's claim for a rating in excess of 40 percent for his cervical spine disability is denied, and the issue of entitlement to TDIU prior to March 1, 2013 is remanded.
The deciding factor: The evidence does not support an increased rating based on limitation of motion due to pain or intervertebral disc syndrome causing incapacitating episodes. The Veteran's spine is not fixed in flexion or extension (ankylosis).
- Claimed conditions
- Incomplete subluxation of the cervical spine, Degenerative disc disease, Spinal fusion, Spinal stenosis, Intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 22, 2020
- Citation
- 20080581
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.
- Partly granted
The Board granted a 20 percent rating for spinal fusion and prior to November 2, 2023, granted ratings of 40%, 60%, and 30% for left lumbar radiculopathy of the sciatic nerve, right lumbar radiculopathy of the sciatic nerve, and left lumbar radiculopathy of the femoral nerve respectively. For periods after November 2, 2023, it denied ratings in excess of 20% for all conditions.
- Granted
The Board granted service connection for a neck injury, including degenerative arthritis, IVDS, spinal stenosis, and history of spinal fusion, based on the evidence showing chronicity since service.
- Granted
The Board granted an effective date of February 25, 2025 for the award of service connection for degenerative disc disease thoracolumbar spine with degenerative arthritis, spinal stenosis, and levoscoliosis.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
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