The Veteran's cervical spine disorder was not manifested by unfavorable ankylosis of the entire spine, by any form of paralysis, or by incapacitating episodes having a total duration of at least six weeks during any twelve month term prior to January 8, 2008. The claim for increased rating is denied.
The deciding factor: The Veteran's cervical spine disorder did not meet the criteria for an evaluation in excess of 40 percent due to lack of unfavorable ankylosis or incapacitating episodes as required by VA regulations.
- Claimed conditions
- degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 3, 2011
- Citation
- 1104380
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 1104380.
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: Granted
The Veteran's service-connected disabilities, in combination, render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
- Whole decision: Dismissed
The Veteran's appeal for service connection for degenerative arthritis of the cervical spine is dismissed as it remains pending in a legacy system and no statement of the case has been issued.
- Whole decision: Granted
The Veteran's lumbar degenerative disc disease with IVDS is rated at 40 percent, effective as of the date of this decision.,The Veteran's degenerative arthritis of the cervical spine is rated at 30 percent, effective as of the date of this decision.
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