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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 22028069.
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 Board denied service connection for cervical spine osteoarthritis and tinnitus, finding no evidence linking these conditions to the Veteran's active duty service.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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).
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