The Veteran's cervical degenerative joint disease has been rated at 20 percent since January 6, 2009. The Board found that the disability did not meet criteria for a higher rating prior to this date.
The deciding factor: The VA examination reports showed no evidence of incapacitating episodes or neurologic impairment outside of radiculopathy, which did not cause significant functional loss.
- Claimed conditions
- Cervical degenerative joint disease, Left carpal tunnel syndrome (post-surgery), Right carpal tunnel syndrome (post-surgery)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 28, 2016
- Citation
- 1638376
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 1638376.
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.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed. The Board has also remanded the claims for chronic kidney disease and an increased rating for chronic epididymo-orchitis.
- Remanded (sent back)
The Veteran's appeal is remanded for obtaining private records and providing an addendum opinion regarding neck flareups.
- Denied
The Board denied an increased rating for the Veteran's neck disability, finding that the evidence did not show forward flexion of the cervical spine at 15 degrees or less, which is required for a higher rating.
- Denied
The Board denied the Veteran's request for an extension of his delimiting date for VA educational assistance benefits under Chapter 30, finding that he did not submit a timely request and that his service-connected disabilities did not prevent him from utilizing these education benefits.
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