The Board granted a 40 percent evaluation for cervical strain status post C5-6 fusion from July 1, 2007 to September 1, 2007. The rating for radiculopathy of the right upper extremity remains at 20 percent. Hypertension is rated as non-compensable.
The deciding factor: The VA examinations and medical records supported a finding that the appellant's cervical strain status post C5-6 fusion most nearly approximated unfavorable ankylosis from July 1, 2007 to September 1, 2007, warranting a higher evaluation of 40 percent.
- Claimed conditions
- Cervical strain status post C5-6 fusion, Radiculopathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 28, 2009
- Citation
- 0927998
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 0927998.
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 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.
- Granted
The Board has determined that the severance of service connection for cervical spine disability and bilateral upper extremity radiculopathy was improper, as there is evidence indicating these conditions were incurred during service. The appeal is granted.
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