The Board denied an increased rating for the Veteran's cervical spine disability, finding that the evidence did not support a higher rating based on the severity of his symptoms during the appeal period.
The deciding factor: The evidence did not show forward flexion greater than 15 degrees but not greater than 30 degrees or combined range of motion less than 170 degrees; nor was there ankylosis or functional equivalent of ankylosis. The Veteran's worst reported range of motion was limited to 35 degrees for forward flexion.
- Claimed conditions
- cervical spine degenerative joint disease, chronic cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 11, 2023
- Citation
- 23055686
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 23055686.
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 claim for a temporary total rating based on hospitalization or convalescence due to his service-connected cervical spine disability is remanded as the record does not include post-surgical follow-up treatment records from the University of Virginia Hospital.
- Whole decision: Remanded (sent back)
The Board has denied the Veteran's claims for service connection for cervical spine degenerative joint disease and a back disability due to lack of evidence linking these conditions to his military service. The case is being remanded for further examination and opinion regarding the claimed back disability.
- Whole decision: Granted
The Board has granted service connection for cervical spine degenerative joint disease and lumbar spine degenerative joint disease, including radiculopathy. The decision is based on the Veteran's reported in-service injuries and current medical diagnoses.
- Whole decision: Remanded (sent back)
The Board remands the issue of entitlement to an increased disability rating in excess of 10 percent for service-connected chronic cervical strain due to a lack of adequate VA examination.
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.