The Veteran's cervical spine disability, with associated bilateral upper extremity radiculopathy, has not met the criteria for an evaluation in excess of 40 percent since January 8, 2008.
The deciding factor: The Veteran's cervical spine disability does not demonstrate unfavorable ankylosis or incapacitating episodes meeting the criteria for a higher rating under the applicable VA regulations.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Bilateral upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 25, 2012
- Citation
- 1218758
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 1218758.
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 claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Whole decision: Granted
The Board has granted earlier effective dates of June 6, 2011 for the Veteran's service connection claims for right and left upper extremity cervical radiculopathy.
- Whole decision: Dismissed
The appeal for service connection of sinusitis is dismissed. The appeals for cervical spine disability, bilateral upper extremity radiculopathy, GERD, and migraine disability are remanded.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings for degenerative arthritis of the lumbar and cervical spine are being remanded due to a pre-decisional duty to assist error. The AOJ is directed to obtain an addendum medical opinion that addresses the extent of flareups experienced by the Veteran.
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