The Veteran's cervical spine degenerative arthritis and degenerative disc disease have been granted a 20 percent rating prior to November 14, 2014. A higher rating is denied for the entire appeal period. The right ankle disability has not met the criteria for an increased rating.
The deciding factor: The Veteran's cervical spine condition does not meet the criteria for a higher rating as his range of motion remains within the limits that would warrant a 20 percent rating, and he has not demonstrated any functional impairment or ankylosis. The right ankle disability is currently rated based on limitation of motion.
- Claimed conditions
- Degenerative arthritis of the spine (cervical spondylosis with disc protrusion at C5-6 and C6-7), Degenerative joint disease of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2021
- Citation
- 21072066
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 21072066.
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.
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- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
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- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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