The Veteran's claim for a higher rating for his service-connected cervical spine disability was denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.
The deciding factor: The VA examinations did not provide sufficient functional loss or other relevant information to support an increased rating, and the Court found that the August 2010 and September 2021 VA examinations were inadequate in this regard.
- Claimed conditions
- Cervical spondylosis, Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 19, 2024
- Citation
- 24034482
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 24034482.
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 Board has decided to remand the case due to a duty-to-assist error in previous examinations, requiring additional information on right shoulder ROM measurements without medication effects.
- Whole decision: Granted
The Veteran's disability ratings for low back disability and right lower extremity radiculopathy have been reduced from 40% and 10%, respectively, to 20% and 0%. The reduction was based on improvements shown in recent VA examinations.
- Whole decision: Granted
The Board has granted the readjudication of the claim for service connection for a lumbar spine disorder, but denied the claims for service connection for cervical spine disorder, bilateral hearing loss, and breathing condition.
- Whole decision: Denied
The Veteran's right knee strain with arthritis is currently rated at 10 percent, the maximum allowable rating under Diagnostic Code 5010 prior to February 7, 2021. The Veteran's GERD with hiatal hernia and irritable bowel syndrome is not rated higher than 30 percent.
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