The Veteran's cervical spine disability was rated at 10% prior to December 5, 2019 and at 30% from December 5, 2019 to July 1, 2021. The Board found a uniform 30% rating for the entire period prior to July 1, 2021. After July 1, 2021, the Veteran's cervical spine disability was rated at 20%. A higher rating is not warranted.
The deciding factor: The VA examinations and treatment records showed that the Veteran had forward flexion limited to 12 degrees on repeated use over time due to pain. The July 2021 examination found forward flexion limited at worst to 30 degrees during flare-ups, which was within the range for a 20% rating.
- Claimed conditions
- Cervical spine osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 12, 2022
- Citation
- 22028069
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 22028069.
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.
- Denied
The Board denied service connection for cervical spine osteoarthritis and tinnitus, finding no evidence linking these conditions to the Veteran's active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine, right knee, and left knee disabilities as secondary to service-connected hepatitis C due to new evidence presented in his September 2022 Appellate brief.
- Granted
The Veteran's cervical spine disability was granted a 20 percent evaluation prior to November 9, 2021. From November 9, 2021 onwards, the Veteran is not entitled to an increased rating.
- Denied
The Veteran is service-connected for multiple disabilities, including PTSD, cervical and lumbar spine conditions, and musculoskeletal issues. The Board found that the combination of these disabilities renders him unemployable but not solely due to any single disability. Therefore, he does not meet the criteria for SMC under 38 U.S.C. § 1114(s).
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.