The Veteran's claim for an increased rating in excess of 20 percent for intervertebral disc syndrome with degenerative arthritis of the cervical spine on an extraschedular basis was denied. The Board found that the disability picture is adequately described by the existing schedular criteria, and thus, no extraschedular evaluation was warranted. Additionally, the Veteran's claim for TDIU due to service-connected disabilities from June 1, 2022, was granted.
The deciding factor: The rating criteria reasonably describe the Veteran's disability level and symptomatology, including pain, range of motion loss, functional loss, and neurological manifestations associated with her intervertebral disc syndrome (IVDS) with degenerative arthritis of the cervical spine. The specific symptoms not contemplated by the schedular criteria were appropriately compensated via secondary service connection for cervicogenic headaches.
- Claimed conditions
- intervertebral disc syndrome (IVDS), degenerative arthritis of the cervical spine, cervicogenic headaches, psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 11, 2023
- Citation
- 23055529
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 23055529.
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: Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
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The Veteran's appeal for an earlier effective date for service connection of intervertebral disc syndrome, traumatic arthritis of the spine with stenosis, and status-post spinal fusion is dismissed due to the Veteran's death.
- Whole decision: Denied
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- Whole decision: Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
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