The appeal for CUE in rating decisions that failed to establish a separate rating as well as an earlier effective date for arthritis of the cervical spine is denied. The November 1981 rating decision that did not provide a separate rating for arthritis is not subject to a claim of CUE because it was subsumed by the June 1984 Board denial of that issue.
The deciding factor: The Veteran's assertion of CUE in the November 1981 rating decision that failed to provide a separate rating for cervical spine arthritis cannot support a reversal or revision of that rating decision because, as the RO has explained, it was subsumed by the June 1984 Board decision.
- Claimed conditions
- arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 11, 2019
- Citation
- 19103160
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 Board granted an evaluation of 10 percent, but no higher, prior to June 13, 2020, and a 30 percent rating thereafter for the Veteran's arthritis of the cervical spine.
- Granted
The Board granted service connection for a neck disorder, diagnosed as arthritis of the cervical spine, and a left leg disorder, diagnosed as arthritis of the left ankle.
- Denied
The Board denied service connection for various conditions, including arthritis of the entire skeletal system (other than cervical spine, right shoulder, bilateral hands, and left foot), a left knee condition (other than arthritis), and other specific joints. The claims were not granted.
- Remanded (sent back)
The Board remands the claims for service connection for arthritis of the cervical spine, bilateral knees, bilateral elbows, and bilateral shoulders to obtain new VA medical opinions that adequately address whether these conditions are related to military service or aggravated by service-connected disabilities.
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