The veteran's initial rating for residuals of multiple neck strain injuries, with traumatic arthritis and degenerative disc disease of the cervical spine is granted at 60 percent prior to September 23, 2002. The combined initial rating since September 23, 2002 is granted at 80 percent.
The deciding factor: The veteran's cervical spine disability caused persistent symptoms compatible with sciatic neuropathy and demonstrated severe incomplete paralysis of the upper radicular group on each side.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Arteriovenous malformation (AVM), Headaches, Right shoulder disability, Left shoulder disability, Lumbar spine disability, Psychiatric disability, described as depression and anxiety
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- February 2, 2007
- Citation
- 0703338
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 0703338.
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.
- Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
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