The Veteran's cervical spine disability is rated at 10 percent, effective January 2, 2018. The claim for an increased rating in excess of 10 percent remains denied.,Right upper extremity radiculopathy associated with cervical spine disability was not granted a separate rating as the evidence did not support such a finding.,The Veteran's chronic strain of the thoracic and lumbosacral spine with degenerative arthritis and deformity of coccyx is rated at 20 percent, effective January 24, 2017 to December 10, 2019. The claim for an increased rating in excess of 20 percent remains denied.,The Veteran's low back disability was rated at 20 percent from December 11, 2019 onwards. The claim for an increased rating in excess of 20 percent remains denied.,Right lower extremity radiculopathy associated with chronic strain of the thoracic and lumbosacral spine was not granted a separate rating as the evidence did not support such a finding.
The deciding factor: The Veteran's cervical spine disability did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine due to lack of forward flexion limited to less than 30 degrees, ankylosis or functional limitation equivalent thereof.
- Claimed conditions
- multilevel degenerative disc disease of the cervical spine, chronic strain of the thoracic and lumbosacral spine with degenerative arthritis and deformity of coccyx, right upper extremity radiculopathy associated with cervical spine disability, right lower extremity radiculopathy associated with chronic strain of the thoracic and lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 22, 2021
- Citation
- A21020377
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 A21020377.
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 Veteran's appeal for a higher rating for right upper extremity radiculopathy associated with cervical spine disability was denied because the evidence showed no more than mild incomplete paralysis.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate opinions regarding whether his service-connected disabilities caused or aggravated his claimed conditions. The issues include sleep apnea, hypertension, diabetes mellitus type II, degenerative disc disease of the lumbar spine, multilevel degenerative disc disease of the cervical spine, basal cell carcinoma, and bilateral hearing loss.
- Whole decision: Remanded (sent back)
The Veteran's tinnitus is not service-connected as it did not begin during active service or is otherwise related to an in-service injury, event, or disease.,The Veteran’s bilateral pes planus does not warrant a compensable rating as her symptoms are relieved by orthotic inserts.
- Whole decision: Remanded (sent back)
The Veteran's appeal is remanded for an adequate medical opinion to determine the severity of his service-connected cervical spine disability and whether it warrants a rating in excess of 20 percent from September 1, 2013.
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.