The Veteran's cervical spine disability was not rated higher than the assigned percentages prior to April 29, 2008 and since that date.
The deciding factor: The VA examination findings did not meet the criteria for a higher rating based on the severity of the Veteran's symptoms and range of motion limitations.
- Claimed conditions
- degenerative disc disease of the cervical spine, degenerative joint disease, stenosis, radiculopathy of the upper extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 4, 2010
- Citation
- 1037505
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. Read the original VA decision (opens in a new tab) using citation 1037505.
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 Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Whole decision: Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Whole decision: Denied
The Board denied an increased rating for the Veteran's lumbar spine disability, finding that there was no evidence of unfavorable ankylosis and thus not warranting a higher rating.
- Whole decision: Dismissed
The Veteran's appeal for an extension of a temporary total evaluation based on the need for convalescence due to his service-connected left great toe hallux valgus and degenerative joint disease has been dismissed because this issue was already decided by the Board in January 2026.
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