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
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19103160.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for PTSD, major depressive disorder, generalized anxiety disorder, insomnia, unspecified psychosis, arthritis of the lumbar spine, degenerative disc disease, multilevel spinal stenosis, and arthritis of the cervical spine and degenerative disc disease. The diagnoses are linked to in-service physical assaults.
- Granted
The Board has granted service connection for obstructive sleep apnea and dismissed all other appeals related to various joint conditions.
- Granted
The Board has granted the Veteran's claim for service connection for a cervical spine disability including arthritis of the cervical spine, and herniated nucleus pulposus of cervical spine secondary to his service-connected lumbosacral strain with intervertebral disc syndrome.
- Granted
The Board has granted service connection for arthritis of the thoracolumbar spine and arthritis of the cervical spine, attributing these conditions to a motor vehicle accident in 1977 during active service.
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