The veteran's claim for increased ratings was granted, with the current rating of 40 percent effective August 23, 2001. Separate ratings of 20 percent each were assigned for radiculopathy of the right and left upper extremities, also effective August 23, 2001.
The deciding factor: The veteran's cervical spine condition resulted in mild but no more than mild incomplete paralysis of both upper extremities. The current ratings are based on the severity of his disability as determined by VA medical examinations conducted between January 2002 and February 2004, which did not show any significant neurological findings supportive of a higher rating.
- Claimed conditions
- Cervical spine (C5-6) decompression and fusion, Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 16, 2006
- Citation
- 0617698
Veterans Law Judge
Decisions by this judge: 386 · Granted: 25% (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 0617698.
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 cervical spine disability and radiculopathy of both upper extremities have been granted increased ratings, with the left upper extremity receiving a higher rating due to more severe symptoms.
- Denied
The Veteran's cervical strain is currently rated at 10 percent, but the evidence does not support a higher rating.,There is no current diagnosis of radiculopathy of the left upper extremity. The Veteran's service-connected cervical strain did not result in this condition.
- Denied
The Veteran's claims for service connection for a cervical spine disorder and radiculopathy of the right upper extremity were denied due to lack of new and material evidence.,The effective date for the grant of service connection for these conditions was not earlier than April 22, 2016.
- Dismissed
The Veteran's appeals for a Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA) prior to February 11, 2021 are dismissed as the issues remain pending in the Legacy system.
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