The Veteran's degenerative arthritis of the spine is rated at 20 percent for the period from March 10, 2017 to October 18, 2019. For the period beginning October 18, 2019, a higher rating than 20 percent for degenerative arthritis of the spine is denied.
The deciding factor: The Veteran's range of motion testing showed forward flexion up to 60 degrees and combined range-of-motion testing up to 135 degrees during his October 2019 VA examination, which was considered in isolation would warrant a 20 percent rating. However, repetitive use over time and flare-ups caused the Veteran's forward flexion to degrade by roughly one-third and his combined range of motion degrades by roughly one-half.
- Claimed conditions
- Degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 28, 2023
- Citation
- 23062859
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 23062859.
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.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection for degenerative arthritis of the spine to obtain a new medical opinion that considers an in-service injury after appropriate efforts are made to obtain the appellant's service treatment records.
- Dismissed
The veteran withdrew his appeals for service connection for degenerative arthritis of the spine, bilateral neuropathy below the hips, and a skin disability.
- Remanded (sent back)
The Board remands the matter for further development and readjudication due to an incomplete medical nexus opinion.
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