The Veteran's thoracolumbar arthritis is granted an initial increased rating of 20 percent, but no higher. The Veteran's cervical strain with degenerative arthritis prior to September 25, 2020 and from September 25, 2020 are both granted increased ratings of 10 percent and 30 percent respectively. There is no increase in rating for right sciatic radicular pain.
The deciding factor: The Veteran's thoracolumbar arthritis was found to meet the criteria for a 20% disability rating based on forward flexion limited at 70 degrees, which is greater than 60 degrees but not greater than 85 degrees, and combined range of motion of 200 degrees, which is greater than 120 degrees but not greater than 235 degrees. The cervical strain with degenerative arthritis prior to September 25, 2020 was found to meet the criteria for a 10% disability rating based on forward flexion limited at 45 degrees, which is greater than 30 degrees, and combined range of motion not greater than 170 degrees. The cervical strain with degenerative arthritis from September 25, 2020 was found to meet the criteria for a 30% disability rating based on forward flexion limited at 45 degrees, which is greater than 30 degrees and combined range of motion not greater than 170 degrees. The right sciatic radicular pain did not meet the criteria for an increased evaluation greater than 10 percent.
- Claimed conditions
- thoracolumbar arthritis, cervical strain with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 11, 2021
- Citation
- 21028371
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 21028371.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to a duty-to-assist error, and the case is inextricably intertwined with his TDIU claim.
- Granted
The Veteran's cervical spine disability is rated at 20 percent, the maximum schedular rating. The Veteran's right upper extremity radiculopathy and left knee medial meniscus tear are each rated at 20 percent. Bilateral knee limitation of extension and flexion are each rated at 10 percent. Hypertension is rated at 10 percent. PTSD is rated at 30 percent, and headaches are rated at 30 percent.
- Dismissed
The Veteran withdrew his appeal for increased ratings for hepatitis B and C with chronic fatigue, migraines, cervical strain with degenerative arthritis, and chronic cartilage fracture at junction of 10th and 11th right rib complex.
- Granted
The Veteran's claims for service connection for cervical strain with degenerative arthritis and headaches have been granted. The claim for service connection for bilateral hearing loss is remanded, as are the TBI claims.
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