The Veteran's initial claim for a higher rating for cervical spine disability was denied due to failure to report for an examination scheduled in conjunction with the claim.,The Veteran's current service-connected cervical spine disability does not meet the criteria for a compensable rating.
The deciding factor: The Veteran failed to report for a VA examination, which is required for evaluating his cervical spine disability. The evidence of record did not show that his cervical spine disability met or approximated the criteria for a compensable rating under the applicable rating schedule.
- Claimed conditions
- Degenerative disease of the cervical spine, Lumbosacral strain (low back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 24, 2022
- Citation
- 22059627
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 22059627.
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: Granted
The Board has granted a 40 percent rating for the Veteran's low back disability, effective from the date of the August 2013 VA examination. The decision also notes that all reasonable doubt is resolved in favor of the Veteran.
- Whole decision: Denied
The Board denied increased ratings for the Veteran's right shoulder and right ankle disabilities, as well as service connection for various other conditions.
- Whole decision: Remanded (sent back)
The Board remands the claims for intervertebral disc disease of the lumbar spine and degenerative disease of the cervical spine to correct a pre-decisional duty to assist error.
- Whole decision: Granted
The Board granted service connection for multiple conditions, including degenerative diseases of the cervical and lumbar spine, radiculopathies affecting various extremities, OSA, hepatic steatosis, and supraventricular arrhythmia.
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