The Veteran's cervical and lumbar spine disabilities have been granted initial ratings, with the cervical spine disability receiving a 30% rating effective December 21, 2010. The thoracolumbar spine disability received a 40% rating effective October 22, 2012.
The deciding factor: The Veteran's symptoms of forward flexion to 15 degrees or less in the cervical spine and unfavorable ankylosis in the thoracolumbar spine did not meet the criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine, but his IVDS met the criteria for a 20% rating based on incapacitating episodes.
- Claimed conditions
- Cervical strain, Degenerative disc disease, Spondylosis, Trapezius strain (cervical spine disability), Thoracic discogenic disease and degenerative arthritis and degenerative disc disease of the lumbar spine (thoracolumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 22, 2022
- Citation
- 22047512
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 22047512.
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.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
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