The Veteran's initial rating for a cervical spine disability is denied prior to May 24, 2019 and thereafter. A TDIU on a schedular basis from August 23, 2011 to February 20, 2015 is granted.
The deciding factor: The Veteran's cervical spine disability has not been manifested by unfavorable ankylosis of the entire cervical spine since May 24, 2019 and does not result in incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during any 12-month period.
- Claimed conditions
- Cervical spine sprain with spondylosis, degenerative disc disease, and status post anterior cervical discectomy and fusion, Right upper extremity radiculopathy, Lumbar sprain, Cervicogenic headaches, Right shoulder strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 30, 2020
- Citation
- 20070681
Veterans Law Judge
Decisions by this judge: 1,350 · 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 20070681.
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: Remanded (sent back)
The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring further examination and opinion regarding the Veteran's cervicogenic headaches.
- Whole decision: Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
- Whole decision: Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
- Whole decision: Denied
The Board has denied the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) as there is no evidence that he is unable to secure or follow substantially gainful employment due to his service-connected conditions.
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