The veteran's cervical spine disability and right cervical radiculopathy have been granted service connection, but the RO has assigned an initial evaluation of 20 percent for each condition effective December 7, 2004.
The deciding factor: The RO found that the veteran's preexisting conditions were aggravated by military service, warranting a direct service connection. The RO also determined that the current disability levels warranted a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Cervical/Upper Back Strain, Right Cervical Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 28, 2008
- Citation
- 0803038
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 0803038.
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.
- Remanded (sent back)
The appeal is remanded to satisfy VA's duty to assist and to comply with the terms of a Joint Motion for Partial Remand, as well as the Veteran's request for initial review of newly submitted evidence by the agency of original jurisdiction.
- Dismissed
The Veteran's appeals for right shoulder disability, forehead basal cell carcinoma, bilateral hand disorder, mouth disorder, and bilateral hearing loss have been dismissed due to the Veteran's withdrawal of his appeal.,Service connection for a sleep disorder has also been dismissed as there is no current diagnosis or evidence linking it to service.
- Remanded (sent back)
The Board has denied the Veteran's claim for a compensable rating for bilateral hearing loss. The issues of service connection for various conditions, including right rotator cuff condition, back condition, asbestosis, and knee conditions are remanded due to outstanding records.
- Granted
The Board has determined that a 40 percent disability rating for right cervical radiculopathy is warranted effective October 27, 1983, based on the severity of symptoms and manifestations.
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