The Veteran's thoracolumbar spine disability was not rated higher than 10 percent prior to May 1, 2018 and from May 1, 2018. The cervical spine disability was not rated higher than 20 percent prior to May 1, 2018 and from May 1, 2018.,The Veteran's thoracolumbar spine disability is now rated at 20 percent from May 1, 2018. The cervical spine disability remains rated at 20 percent from May 1, 2018.
The deciding factor: The VA examiner found that the Veteran's thoracolumbar spine had forward flexion of 60 degrees and extension to 20 degrees, which is not sufficient for a higher rating under Diagnostic Code 5242. The cervical spine had forward flexion of 75 degrees, but no other specific measurements were provided.,The VA examiner found that the Veteran's thoracolumbar spine had forward flexion of 75 degrees and extension to 20 degrees, which is not sufficient for a higher rating under Diagnostic Code 5242. The cervical spine had forward flexion of 75 degrees.
- Claimed conditions
- Thoracolumbar Spine, Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2023
- Citation
- 23020372
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 23020372.
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.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.
- Denied
The Veteran's cervical spine disability is rated at 30 percent, and the Board finds that this rating is not warranted for any period on appeal.
- Partly granted
The Board denied a compensable rating for bilateral hearing loss and remanded the claim for service connection for cervical spine.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for cervical spine, left elbow, and left knee conditions due to errors in obtaining necessary medical opinions and records.
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