The VA denied a higher evaluation for cervical spine osteoarthritis prior to July 11, 2006, as the evidence did not meet the criteria for a higher rating.
The deciding factor: The evidence did not show forward flexion of the cervical spine greater than 30 degrees or combined range of motion of the cervical spine not greater than 170 degrees, which are required for a 30 percent evaluation under Diagnostic Code 5242.
- Claimed conditions
- Cervical spine osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 2, 2009
- Citation
- 0941522
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0941522.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for cervical spine osteoarthritis and tinnitus, finding no evidence linking these conditions to the Veteran's active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine, right knee, and left knee disabilities as secondary to service-connected hepatitis C due to new evidence presented in his September 2022 Appellate brief.
- Denied
The Veteran's cervical spine disability was rated at 10% prior to December 5, 2019 and at 30% from December 5, 2019 to July 1, 2021. The Board found a uniform 30% rating for the entire period prior to July 1, 2021. After July 1, 2021, the Veteran's cervical spine disability was rated at 20%. A higher rating is not warranted.
- Granted
The Veteran's cervical spine disability was granted a 20 percent evaluation prior to November 9, 2021. From November 9, 2021 onwards, the Veteran is not entitled to an increased rating.
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