The Veteran's cervical spine disability was rated at 20 percent prior to April 6, 2021, and increased to 30 percent thereafter. The claim for a higher rating remains denied.,From April 6, 2021 onwards, the Veteran's right upper extremity radiculopathy is rated at 40 percent. The claim for a higher rating remains denied.,The Veteran was granted a separate rating of 10% for tension headaches associated with his cervical spine disability.
The deciding factor: The VA examinations and private treatment records consistently showed that the Veteran's cervical spine disability did not meet or approximate the criteria for an increased rating, as it did not result in unfavorable ankylosis, significant incapacitating episodes of IVDS, or severe functional impairment.
- Claimed conditions
- Cervical spine degenerative disc disease, Osteoarthritis, Right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 8, 2022
- Citation
- 22006987
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 22006987.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for cervical spine degenerative disc disease, lumbar spine degenerative disc disease, left lower extremity radiculopathy, and right lower extremity radiculopathy. Service connection was denied for a groin condition.
- Denied
The Board denied the Veteran's claims for earlier effective dates as they were received more than one year after her intent to file a claim, and no good cause extension was requested.
- 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.
- Denied
The Veteran's right knee strain with osteoarthritis is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on current evidence.
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