The Veteran's claim for a higher rating for cervical spine degeneration and associated radiculopathy was denied, as the evidence did not show limitation of motion or ankylosis that would warrant a higher rating. The claim for TDIU based on service-connected disabilities was also denied due to the presence of other service-connected conditions.
The deciding factor: The Veteran's cervical spine disability does not meet the criteria for a higher schedular rating under the General Rating Formula for Diseases and Injuries of the Spine, as there is no evidence of limitation of motion or ankylosis. The claim for TDIU was denied because other service-connected disabilities prevent the Veteran from securing and following substantially gainful employment.
- Claimed conditions
- Degeneration of the cervical spine at C4-C5, Right-sided cervical radiculopathy, Radiculopathy of left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 26, 2019
- Citation
- 19189572
Veterans Law Judge
Decisions by this judge: 1,886 · Granted: 24% (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 19189572.
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 has denied a higher rating for the right knee meniscectomy and granted effective dates of November 25, 2003 for service connection of upper extremity radiculopathies. The cervical strain claim is remanded.
- Whole decision: Granted
The Veteran's current diagnoses of degenerative disc disease (DDD) of his cervical spine and associated radiculopathy of the left upper extremity are granted as service connected.
- Whole decision: Remanded (sent back)
The Veteran's claims for a higher rating for cervical spine degeneration and TDIU are remanded due to the need for additional medical examination and development.
- Whole decision: Granted
The Veteran's claims for service connection are granted, with the exception of his claim for a higher rating for left eye chorioretinal macular scar and his claims for ratings higher than 30 percent for right shoulder disability and cervical spine DJD. The remaining claims have been reopened and are granted.
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