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Board of Veterans' Appeals · Legacy series

From November 1, 2010 to May 14, 2015, entitlement to an initial rating of 20 percent, but no higher, for intervertebral disc syndrome (IVDS) with degenerative disc disease/degenerative joint disease (DDD/DJD) of the…

January 30, 2026Citation Nr. 26001404Docket 15-12 138Ava.gov source

  • Intervertebral disc syndrome (IVDS) with degenerative disc disease/degenerative joint disease of the cervical spineGranted
  • Radiculopathy of the left upper extremityGranted
  • Headaches, to include as a neurological impairment associated with service-connected IVDS with DDD/DJD of the cervical spineRemanded

Board reasoning

The Board granted an initial 20 percent rating for IVDS of the cervical spine from November 1, 2010 to May 14, 2015, and denied an increase from May 15, 2015 onward. It granted a 50 percent rating for radiculopathy of the left upper extremity and remanded headaches to be addressed by a future exam. The Board analyzed range of motion, IVDS incapacitating episodes, and separate neurological impairment, balancing lay evidence with multiple VA examinations. It concluded that the pre-2015 period supports 20% for the cervical spine, while post-2015 does not warrant more than 20%; the left LUE radiculopathy is most consistent with severe incomplete paralysis, warranting 50%; and headaches require further medical opinion to determine if they are related or aggravated by the cervical spine disability.

Issues

  • Intervertebral disc syndrome (IVDS) with degenerative disc disease/degenerative joint disease of the cervical spineGranted
  • Radiculopathy of the left upper extremityGranted
  • Headaches, to include as a neurological impairment associated with service-connected IVDS with DDD/DJD of the cervical spineRemanded

Authorities

  • Jandreau v. Nicholson, 492 F.3d 1372cited regarding Veteran's competence to report symptoms vs. medical conclusions (ankylosis)
  • Correia v. McDonald, 28 Vet. App. 158cited for testing pain on active and passive motion where possible

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.