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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1218758.
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.
- 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.
- 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.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.