Throughout the period on appeal, the Veteran's cervical spine disability warrants an initial rating of 20 percent. The low back disability was rated at 10 percent prior to July 21, 2023, and at 40 percent thereafter.
The deciding factor: The VA examinations consistently showed forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees, resulting in a 20% rating. For the low back disability, the initial examination showed forward flexion to 70 degrees with total range of motion of 210 degrees, warranting a 10% rating prior to July 21, 2023. The VA examination conducted after the effective date of the increased rating showed forward flexion limited to 30 degrees or less, resulting in a 40% rating.
- Claimed conditions
- Cervical Spine Disability, Low Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 25, 2024
- Citation
- 24003842
Veterans Law Judge
Decisions by this judge: 1,135 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24003842.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
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