The Veteran's claims for cervical spine and bilateral upper extremity radiculopathy were denied initially in August 2018. The appeal was not properly filed until May 12, 2021, when the Veteran submitted a supplemental claim seeking service connection for these conditions. As such, an earlier effective date is denied.
The deciding factor: The claims were not properly filed and considered due to procedural errors in the initial appeals process.
- Claimed conditions
- Degenerative disc disease (DDD) with spinal stenosis of the upper back, cervical spine, Left upper extremity (LUE) cervical radiculopathy, Right upper extremity (RUE) cervical radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 1, 2022
- Citation
- A22022050
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 A22022050.
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: Partly granted
The Board granted a 30 percent rating for left upper extremity (LUE) cervical radiculopathy and dismissed the claims for an earlier effective date of TDIU and DEA.
- Whole decision: Granted
The Board has granted service connection for degenerative arthritis of the cervical spine and left upper extremity (LUE) cervical radiculopathy on a direct basis, finding that the Veteran's symptoms began during and have continued since service.
- Whole decision: Remanded (sent back)
The Board has denied a rating in excess of 20 percent for the Veteran's cervical spine disability and has remanded the issue of service connection for right upper extremity (RUE) cervical radiculopathy.
- Whole decision: Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
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