The Veteran does not have cervical radiculopathy, and his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
The deciding factor: There is no evidence of cervical radiculopathy during the period of this claim. The VA examination in August 2008 with opinion dated in September 2008 concluded that there was no cervical radiculopathy present, and nerve testing attributes any sensory abnormality to diabetes.
- Claimed conditions
- Cervical arthritis, Neurological impairment of the upper extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 19, 2009
- Citation
- 0910408
Veterans Law Judge
Decisions by this judge: 1,325 · Granted: 31% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0910408.
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: Remanded (sent back)
The Board has granted an earlier effective date of July 11, 2019 for the grant of service connection for cervical arthritis, stenosis, and myelopathy. The claim for service connection for obstructive sleep apnea (OSA) is denied due to lack of evidence supporting a causal relationship with service-connected conditions or other factors.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for cervical and lumbosacral strain, as well as service connection for various spinal conditions and radiculopathies. Additional development is required to address the issues on appeal.
- Whole decision: Granted
The Board has granted service connection for cervical arthritis and remanded the issues of sleep condition (undiagnosed illness) due to active duty service.
- Whole decision: Denied
The Board denied service connection for residuals of a cervical spine injury as the evidence did not show that the Veteran's current cervical spine disability was related to his in-service injury.
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