The Veteran's cervical spine disability, left shoulder strain, and radiculopathy of the upper extremities were all denied ratings in excess of their current assigned ratings.
The deciding factor: The VA examination did not find any evidence of forward flexion limited to 15 degrees or less for the cervical spine, nor was there favorable ankylosis. The Veteran's radiculopathies also did not meet criteria for a higher rating under the IVDS Formula due to lack of incapacitating episodes.
- Claimed conditions
- Degenerative disc disease, cervical spine, Radiculopathy, left upper extremity (LUE), Radiculopathy, right upper extremity (RUE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 26, 2024
- Citation
- A24086095
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 A24086095.
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 service connection for degenerative disc disease with intervertebral disc syndrome (IVDS) and spinal fusion, as well as for degenerative disc disease of the cervical spine. The decision is based on evidence showing that these conditions are at least as likely as not related to incidents during active duty.
- Whole decision: Denied
The Board denied service connection for radiculopathy of the right and left upper extremities, dismissed the appeal seeking service connection for sleep apnea, and remanded the claim for service connection for headaches.
- Whole decision: Denied
The Board denied increased ratings for the Veteran's cervical and lumbar spine disabilities as well as left and right lower extremity radiculopathy, finding that the evidence did not support a higher rating under applicable criteria.
- Whole decision: Remanded (sent back)
The Board remands the claim for a VA examination to address the Veteran's need for regular aid and attendance due to service-connected disabilities.
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