The Veteran's neck disability is rated 20 percent from May 1, 2013, and 30 percent thereafter. The rating for back disability has not been met. The right ankle disability was denied as it did not meet the criteria for a higher rating prior to October 30, 2020, and 20 percent thereafter. The right lower extremity radiculopathy is rated 20 percent.,The Veteran's left hip disability and diabetes mellitus are remanded for further review.
The deciding factor: The evidence does not support a higher rating based on the current level of disability as it consistently shows forward flexion exceeding 30 degrees but not reaching 60 degrees or an overall combined range of motion greater than 170 degrees.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Degenerative disc disease of the lumbar spondylosis, Right ankle peroneal tendinopathy, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 20, 2024
- Citation
- A24048336
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 A24048336.
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: Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Whole decision: Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbar spine disabilities prior to October 22, 2008 are being remanded due to the need for additional retrospective medical opinions.
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