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
- Not verified here — check the original decision
- Decision date
- January 11, 2019
- Citation
- 19103160
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19103160.
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 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.
- Whole decision: Granted
The Board has granted service connection for obstructive sleep apnea and dismissed all other appeals related to various joint conditions.
- Whole decision: 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.
- Whole decision: 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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