The Veteran's claim for higher ratings for his cervical spine disability, thoracolumbar spine disability, hiatal hernia with GERD, and depression is denied. The case is remanded for further evaluation of the service connection for cervical radiculopathy.
The deciding factor: The evidence does not support a grant of a higher rating for any period on appeal due to lack of objective findings supporting more severe limitations or incapacitating episodes as required by VA regulations.
- Claimed conditions
- Cervical degenerative disc disease, Cervical radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130281
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (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 19130281.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cervical spine disability, including right and left upper extremity radiculopathies, is granted as service connected. The issues of right and left upper extremity radiculopathy are remanded for further examination.
- Granted
The Board has granted separate ratings of 30 percent for left upper extremity cervical radiculopathy and 40 percent for right upper extremity cervical radiculopathy, effective March 16, 2017.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to her service-connected disabilities, finding that she was not unable to secure or follow a substantially gainful occupation consistent with her education and work history.
- Granted
The Veteran's ratings for cervical radiculopathy in both upper extremities were reduced from 40% and 30%, respectively, to 20%. The Board found that the procedural requirements for reduction of disability ratings were not properly followed and restored the original ratings.
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.