The Board has determined that the Veteran's cervical spine disability, which is manifested by pain and limited motion, does not warrant a higher rating as it currently meets the criteria for a 10 percent evaluation.
The deciding factor: The most recent VA examination found forward flexion of 40 degrees and a total range of motion of 215 degrees, much higher than the impairments required for a rating in excess of 10 percent for a cervical spine disability. The painful motion is already encompassed and compensated in the current rating.
- Claimed conditions
- cervical degenerative disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 21, 2019
- Citation
- 19188211
Veterans Law Judge
Decisions by this judge: 2,480 · Granted: 26% (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 19188211.
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: Denied
The Board denied the veteran's appeal for a higher disability rating for several conditions, finding no clear and unmistakable error in the original 2012 rating decision.
- Whole decision: Granted
The Board has granted service connection for cervical degenerative disease with left radiculopathy (claimed as neck herniated disc C5-C6) and back herniated disc L4-L5 and degenerative disc L5-S1.,Both conditions are found to be related to the Veteran's in-service experiences, including heavy lifting and body strength workouts.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for an initial evaluation in excess of 10 percent for cervical degenerative disease and entitlement to a total disability rating based on individual unemployability due to new evidence and possible worsening of his condition.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient examination reports regarding the Veteran's service-connected disabilities and their impact on his daily functioning. The Veteran needs an addendum opinion from a physician to determine if he is substantially confined or requires regular aid and attendance.
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