The Veteran's claim for a higher rating for his back and neck disabilities has been granted. For the period from October 8, 2015 to June 12, 2016, he is entitled to a 40 percent rating for his back disability. For other periods, including from October 8, 2015 to February 9, 2020 and from April 1, 2020, the Veteran's claim was denied as his disabilities did not warrant a higher rating. The Veteran is also granted a 40 percent rating for his neck disability starting November 17, 2020.
The deciding factor: The evidence showed that the Veteran had significant limitation of range of motion in both his back and neck, which was fully contemplated by the assigned ratings. There was no unfavorable ankylosis of the spine or cervical spine to warrant higher ratings under DCs for ankylosis.
- Claimed conditions
- spondylosis of thoracic spine with degenerative disease of the lumbosacral spine and intervertebral disc syndrome (back disability), cervical spine degenerative disc disease (neck disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 28, 2021
- Citation
- 21077085
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 21077085.
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 Board remands the claims for service connection for a back disability, cervical spine degenerative disc disease (neck disability), and urinary incontinence to correct pre-decisional duty to assist errors.
- Partly granted
The Board granted service connection for sleep apnea and a 20 percent disability rating for the Veteran's cervical spine degenerative disc disease, as well as a separate disability rating for her right upper extremity disability. The diverticulosis claim was denied.
- Partly granted
The Board denied service connection for right and left shin splints, denied a rating in excess of 10 percent for chronic rhinitis, granted entitlement to a TDIU prior to July 6, 2018, and remanded several issues including service connection for left upper extremity radiculopathy, increased ratings for PTSD with TBI, back disability, neck disability, right knee disability, and left knee disability.
- Granted
The Veteran's neck and shoulder disabilities are related to his active service, resulting in a grant of service connection.,For the period prior to December 30, 2019, the Veteran's asthma did not meet the criteria for a disability rating in excess of 10 percent.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.