The Veteran's claim for an increased evaluation for her service-connected degenerative joint disease of the cervical spine with radiculopathy was denied as it did not meet the criteria for a higher rating.
The deciding factor: The medical evidence showed that the Veteran had severe limitation of motion and intervertebral disc disease, but no more than severe symptoms warranting an evaluation in excess of 40 percent.
- Claimed conditions
- degenerative joint disease of the cervical spine with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 6, 2009
- Citation
- 0912773
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 0912773.
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: Partly granted
The Board has remanded the Veteran's claims for additional development, including obtaining outstanding service treatment records and an addendum opinion concerning the nature and etiology of his neck disability. The Veteran is seeking service connection for erectile dysfunction and cervical spine disorder, with secondary to a service-connected left wrist causalgia.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including a new VA examination and completion of a formal application for TDIU.
- Whole decision: Granted
The Board has determined that the veteran's service connection claim for degenerative joint disease of the cervical spine with radiculopathy is granted.
- Whole decision: Denied
The VA denied the veteran's claim for an increased evaluation of her cervical spine disability, currently rated at 40 percent. The evidence did not meet the criteria for a higher rating based on severe limitation of motion or intervertebral disc disease.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.