The Veteran's cervical spine degenerative joint and disc disease is currently rated at 10 percent for the period prior to January 6, 2021, and denied for a rating in excess of 30 percent beginning on that date.
The deciding factor: The VA examinations showed limited range of motion with no additional loss upon repetitive use testing. The Veteran's symptoms did not meet criteria for higher ratings under the General Formula or IVDS Formula due to lack of incapacitating episodes and ankylosis.
- Claimed conditions
- Cervical spine degenerative joint and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2022
- Citation
- 22068715
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 22068715.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cervical spine disability is granted at a 20 percent rating, effective from the date of the decision. The Veteran's PTSD and COPD are denied with ratings in excess of 10 percent prior to June 13, 2019, and in excess of 50 percent thereafter for PTSD, and in excess of 20 percent and 30 percent respectively for COPD. The Veteran's lumbar spine disability is remanded.
- Granted
The Board has reopened the Veteran's claims of service connection for headaches, neck disorder, and back disorder. The evidence is at least in equipoise as to whether these conditions are related to service, thus resolving all reasonable doubt in favor of the Veteran. Service connection is granted for cervical spine degenerative joint and disc disease, lumbar spine degenerative joint and disc disease, and headaches. However, there is no evidence linking a bilateral leg disorder to service.
- Granted
The Board has determined that the Veteran's current cervical spine degenerative joint and disc disease is related to his in-service injury, resulting in service connection being granted.
- Denied
The Veteran's service-connected cervical spine and low back disorders are currently each rated as 20 percent disabling. The Board found that the current ratings adequately reflect the severity of these conditions.
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.