The Veteran's claim for higher ratings for cervical spine degenerative joint disease is denied as his disability does not meet the criteria for a rating in excess of 10 percent prior to August 20, 2012 or in excess of 20 percent from that date.
The deciding factor: The Veteran did not have forward flexion of his cervical spine limited to 30 degrees or less; or, combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis.
- Claimed conditions
- Cervical spine degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 22, 2016
- Citation
- 1625023
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 1625023.
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.
- Denied
The Veteran's claims for increased ratings and service connection were denied as the increase in severity of his conditions was not factually ascertainable within one year prior to March 30, 2023.,The effective dates for the grants of service connection for left knee instability and right knee instability are also denied.
- Remanded (sent back)
The Board has determined that there were duty to assist errors and remanded the case for further development, including a new examination of the Veteran's cervical spine disability.
- Denied
The Board denied a higher disability rating for the Veteran's cervical spine degenerative joint disease, finding that it did not meet the criteria for a rating in excess of 10 percent prior to August 18, 2022.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected orthopedic disabilities was granted.
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.