The Board has denied an increased rating for the Veteran's cervical spine disability, but has remanded the issue of a separate evaluation for cervical radiculopathy. The Veteran is currently rated at 20 percent for his cervical spine disability.
The deciding factor: The evidence does not show that the Veteran’s forward flexion is limited to no greater than 15 degrees or that he had ankylosis of the entire cervical spine, which are required for a higher rating under Diagnostic Code 5242.
- Claimed conditions
- arthritis, cervical spine with spondylosis (cervical spine disability), cervical radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 12, 2020
- Citation
- 20072780
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (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 20072780.
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.
- Dismissed
The Veteran withdrew his appeal for service connection of carpal tunnel syndrome in the left upper extremity, and the Board has dismissed this case.
- Dismissed
The Veteran's appeals for reductions in disability ratings were dismissed because the proposed reductions were not final decisions and did not include a hearing request.
- Remanded (sent back)
The Board has decided to remand the claims of service connection for cervical degenerative joint disease and cervical radiculopathy, as these issues are related to a previously service-connected lumbar spine condition. The Veteran's claim will be reconsidered with new medical opinions provided.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA medical opinions regarding the etiology of the Veteran's cervical spine disorder. The AOJ is required to obtain new opinions addressing whether the Veteran's cervical spine disorder resulted from in-service injury or service-connected disability, and whether it was caused by or a result of his service-connected knee and/or thoracolumbar spine disabilities.
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