The Veteran's cervical spine disability and upper extremity radiculopathy were denied as the evidence did not meet the criteria for higher ratings under VA rating criteria.
The deciding factor: The Veteran's cervical spine disability, when evaluated prior to December 13, 2019, did not demonstrate forward flexion limited to 30 degrees or less and did not cause incapacitating episodes. After December 13, 2019, the evidence showed forward flexion of the cervical spine was 15 degrees or less, which does not meet the criteria for a higher rating.
- Claimed conditions
- Cervical spine degenerative disc disease, Right upper extremity radiculopathy, Left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 22, 2023
- Citation
- 23010923
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 23010923.
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 the Veteran's claim for service connection for a cervical spine disability with left upper extremity radiculopathy, finding that there was no evidence of an in-service injury or chronic condition. The Board concluded that the Veteran did not meet the criteria for direct service connection.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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