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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 0941522.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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