The Board granted a 60 percent rating for the veteran's DDD of the cervical spine with right radiculopathy due to right SAS, effective from September 23, 2002. The decision also noted that separate ratings were assigned for orthopedic and neurologic manifestations.
The deciding factor: The new criteria under DC 5293 provided a maximum 60 percent rating based on the total duration of incapacitating episodes or by combining separate evaluations of chronic orthopedic and neurologic manifestations. The veteran's symptoms, including abnormal reflexes, spasm, limitation of motion, and painful motion, warranted this highest possible rating.
- Claimed conditions
- DDD of the cervical spine, Right upper extremity radiculopathy due to right SAS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 17, 2003
- Citation
- 0307426
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0307426.
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.
- Granted
The Veteran's claim for increased ratings was continuously pursued, and the appellant is eligible to charge agent fees based on past-due benefits awarded in the June 2024 rating decision.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to incomplete records and procedural issues.
- Dismissed
The Veteran has withdrawn his appeals regarding the increased ratings for tension headaches, degenerative arthritis of the lumbar spine, DDD of the cervical spine, and voiding dysfunction.
- Partly granted
Service connection is granted for rheumatoid arthritis of the joints.,Service connection is granted for early onset peripheral neuropathy of the bilateral lower extremities due to in-service herbicide exposure.,Service connection is granted for DDD of the cervical spine.,The claim for a higher rating for DDD of the lumbar spine is remanded.,The claims for service connection for neurological disorders of the right and left upper extremities are remanded.,The claims for service connection for difficulty breathing and extreme tiredness are remanded.,,
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