The Veteran's cervical spine disability is denied as it does not meet the criteria for a higher evaluation.,The Veteran's right upper extremity radiculopathy and left upper extremity radiculopathy are each granted with evaluations of 40 percent and 30 percent, respectively.
The deciding factor: The medical evidence did not show that the Veteran’s cervical spine disability resulted in forward flexion of 15 degrees or less, ankylosis, or incapacitating episodes during any portion of the appeal period. The evaluations were based on pain and limitation of motion only.
- Claimed conditions
- Degenerative Disc Disease and Spinal Stenosis, Cervical Spine, Radiculopathy, Right Upper Extremity, Radiculopathy, Left Upper Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 18, 2023
- Citation
- A23028844
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 A23028844.
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: Remanded (sent back)
The Veteran's PTSD is currently rated at 70 percent, but the evidence does not support a higher rating due to occupational and social impairment with deficiencies in most areas.,The Veteran's cervical spine disability is currently rated at 10 percent. The evidence does not support a higher rating as there has been no significant change in his symptoms within the appeal period.
- Whole decision: Denied
The Board denied a rating in excess of 70 percent for PTSD, finding that the Veteran's symptoms did not meet the criteria for a higher rating.
- Whole decision: Partly granted
The Board granted an initial rating of 70 percent for PTSD prior to November 4, 2021, and a 50 percent rating for radiculopathy in the right upper extremity. The claims for higher ratings were denied.
- Whole decision: Remanded (sent back)
The Board denied an effective date prior to September 25, 2018, for the award of a separate rating for RUE radiculopathy and remanded claims for initial ratings in excess of 20 percent for RUE radiculopathy and a separate rating for LUE radiculopathy associated with degenerative disc disease of the cervical spine.
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