The Veteran's cervical spine disability is rated as 60 percent disabling prior to July 10, 2012. From that date forward, he has separate ratings for moderate radiculopathy of the right and left upper extremities (40% each) and degenerative disease of the cervical spine (30%).,The Veteran's lumbar spine disability is rated as 40 percent disabling.,Both conditions are not rated higher.
The deciding factor: The Veteran's service-connected disabilities do not meet or approximate the criteria for a rating in excess of those currently assigned under any applicable diagnostic codes.
- Claimed conditions
- Cervical spine disc disease with degenerative joint disease, Radiculopathy of the upper extremities, Discogenic disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 5, 2013
- Citation
- 1307518
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 1307518.
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 is granted a higher level of SMC at the intermediary level N1/2 from October 20, 2020 to June 7, 2022. This decision resolves doubt in favor of the Veteran.
- Whole decision: Denied
The Board denied service connection for gastroesophageal reflux disease (GERD) and dismissed the appeals regarding cervical spine disability and radiculopathy of the upper extremities.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for neck disability and radiculopathy of the upper extremities due to insufficient development. The Veteran's current neck disability is not service-connected as there is no evidence linking it to an in-service injury or event, despite credible lay statements of continuity of symptoms since service.
- Whole decision: Granted
The Veteran's lumbar spine disability and sciatica of the lower extremities have been granted increased ratings, with a 40 percent rating for each condition.
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.