The Veteran's cervical intervertebral disc syndrome and lumbar spondylosis, L4-L5, L5-S1 with degenerative disc disease are each rated at 20 percent disabling. The Board finds that a higher rating is not warranted for either condition during the period on appeal.,The Veteran's cervical spine disability has been rated based on limitation of motion and currently assigned a 20 percent rating.
The deciding factor: The evidence does not show forward flexion of the cervical spine limited to 15 degrees or less, which is required for a higher rating under Diagnostic Code 5243. The Veteran's current 20 percent rating already contemplates additional loss due to pain and other DeLuca factors.
- Claimed conditions
- Cervical intervertebral disc syndrome, Lumbar spondylosis, L4-L5, L5-S1 with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 15, 2023
- Citation
- 23015696
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. Read the original VA decision (opens in a new tab) using citation 23015696.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's cervical spine degenerative disc disease is rated at 30 percent disabling, and his left ankle tendonitis and fracture are rated at 10 percent disabling. The Veteran was granted TDIU for the appeal period prior to June 1, 2017.
- Whole decision: Remanded (sent back)
The Veteran's ratings for cervical intervertebral disc syndrome involving C5-6, left and right upper extremities were reduced. The Board has remanded the case due to insufficient evidence of actual improvement in his condition.
- Whole decision: Denied
The Board denied the Veteran's claims for increased ratings for cervical intervertebral disc syndrome and bilateral hearing loss, as well as his service connection claims for obstructive sleep apnea and tinnitus.
- Whole decision: Granted
The Veteran's postoperative residuals of thoracolumbar fusion at T9 and L1 are currently rated at 20 percent, effective March 22, 2012. The Veteran's cervical intervertebral disc syndrome is currently rated at 10 percent.
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