The Veteran's disc bulges, thoracolumbar spine disability is currently rated as 10 percent disabling prior to October 16, 2022 and in excess of 20 percent thereafter. The Board finds the evidence does not support a higher rating.,The Veteran's cervical spine spondylosis disability is currently rated as 10 percent disabling from April 14, 2011 to June 17, 2021; 20 percent disabling from June 18, 2021 to October 15, 2022; and 30 percent thereafter. The Board finds the evidence does not support a higher rating.
The deciding factor: The Veteran's thoracolumbar spine disability is manifested by forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees, and localized tenderness not resulting in abnormal gait or abnormal spinal contour. This fits squarely into the criteria for a 10 percent rating under DC 5242.,The Veteran's cervical spine spondylosis disability is manifested by forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees and combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees from April 14, 2011 to June 17, 2021; forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees from June 18, 2021 to October 15, 2022; and forward flexion of the cervical spine to 15 degrees from October 16, 2022. This fits squarely into the criteria for a 20 percent rating under DC 5242.
- Claimed conditions
- Disc Bulges, Thoracolumbar Spine, Cervical Spine Spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2023
- Citation
- 23050178
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 23050178.
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.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Partly granted
The Veteran's cervical spine spondylosis and right and left upper extremity radiculopathy were rated based on their respective conditions, with different disability ratings granted at various times. The decision does not specify an effective date for any rating changes.
- Denied
The Veteran's claims for service connection and TDIU were denied, with the effective date of all grants being February 2, 2016.
- Denied
The Board found that the Veteran's current left knee, left shoulder, and neck disorders are not related to her military service. The VA examiner concluded these conditions are more likely due to a civilian motor vehicle accident in 2001.
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