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 assigned
- 20%
- Decision date
- December 29, 2020
- Citation
- 20081423
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 20081423.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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