The Board denied higher evaluations for the Veteran's service-connected lumbar spine intervertebral disc degeneration and cervical spine DDD, finding that the current ratings of 20 percent are appropriate based on the evidence showing no limitation of motion or ankylosis.
The deciding factor: The medical evidence did not show any additional functional impairment warranting a higher rating, and the Veteran's flexion was at worst 60 degrees, which is within the range for a 20 percent rating.
- Claimed conditions
- lumbar spine intervertebral disc degeneration, degenerative disc disease (DDD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 29, 2020
- Citation
- 20081423
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (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 20081423.
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: Dismissed
The veteran's appeal was denied as the Board Appeal request was not timely filed within one year of the rating decisions issued on August 17, 2022, November 16, 2022, July 7, 2023, November 3, 2023, December 12, 2023, and March 14, 2024.
- Whole decision: Remanded (sent back)
The Board remanded the claim for service connection of a cervical spine disability. The Veteran's service treatment records are silent as to neck pain, and the Board found the medical opinions inadequate.
- Whole decision: Granted
The Board has granted the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities. However, SMC by reason of being housebound is denied as he does not meet the criteria.
- Whole decision: Remanded (sent back)
The Veteran's service-connected disabilities, including degenerative disc disease of the cervical spine and bilateral hearing loss, are rated at least 70 percent combined. The Board has granted a schedular TDIU rating from August 20, 2013, but the issue of an extraschedular TDIU rating is being remanded due to outstanding SSA records. The Veteran's service-connected disabilities preclude him from maintaining substantially gainful employment consistent with his education and work experience.
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