The veteran's cervical disc disease is currently rated at 20 percent, but the VA examiner found that it does not meet the criteria for a higher rating due to limitations in range of motion. The lumbar spine injury with traumatic arthritis also did not meet the criteria for a higher rating.
The deciding factor: The veteran's cervical and lumbar spine disabilities do not demonstrate ankylosis, forward flexion limited to 15 degrees or less, or incapacitating episodes that would warrant a higher disability rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Cervical disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 5, 2008
- Citation
- 0841905
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. Search VA.gov for the original decision (opens in a new tab) using citation 0841905.
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: Granted
The Board has determined that the Veteran's combined service-connected disabilities prevent him from securing or following a substantially gainful occupation, and therefore grants his claim for total disability based on individual unemployability.
- Whole decision: Granted
The Board has granted increased ratings for cervical spine disability, left and right upper extremity radiculopathy effective May 19, 2011. The Veteran's service-connected conditions have been rated based on their direct effects rather than any presumption or secondary connection.
- Whole decision: Denied
The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the criteria for higher ratings were not met, except for a March 29, 2013 effective date for service connection of right lower extremity radiculopathy.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for cervical disc disease, degenerative joint disease of the right shoulder, and radiculopathy of the right upper extremity due to inadequate VA examinations. The issues are inextricably intertwined as the rating assigned for one condition may affect another.
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