The Board granted an increased rating of 30 percent for the veteran's cervical spine disorder and a separate 20 percent rating for radiculopathy of the right upper extremity effective September 23, 2002.
The deciding factor: The veteran's cervical spine disorder was rated as 30 percent disabling under Diagnostic Code 5290 due to severe limitation of motion. The new regulations became effective on September 23, 2002, and the RO assigned a separate rating for radiculopathy based on the revised criteria.
- Claimed conditions
- Cervical spine disorder, Radiculopathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 18, 2003
- Citation
- 0305079
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0305079.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied an increased rating for allergic rhinitis and remanded the claims for cervical spine, hip, thigh, and hip extension disorders for further development.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Denied
The Board denied an initial rating in excess of 50 percent for generalized anxiety disorder and an initial rating in excess of 30 percent for paroxysmal atrial fibrillation post ablation, finding the evidence did not support a higher rating. The claims for service connection for cervical spine disorder, left upper extremity radiculopathy, and right upper extremity radiculopathy were remanded.
- Denied
The Board denied the Veteran's claims that five prior rating decisions were products of clear and unmistakable error. The Board found that the Veteran's arguments constituted disagreements with how the Agency of Original Jurisdiction weighed evidence in final prior decisions, which cannot rise to the level of valid CUE claims.
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