The Veteran's service-connected cervical spine disability is currently evaluated as 10 percent disabling. The evaluation has been increased from zero to 10 percent effective September 18, 2009.
The deciding factor: The VA examination conducted in September 2009 showed that the Veteran's cervical disc disease resulted in mild incomplete paralysis of the median nerve of the right upper extremity which is wholly sensory. This warranted a separate 10 percent rating for incomplete paralysis of the median nerve of the right upper extremity.
- Claimed conditions
- Cervical Spine Fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 5, 2010
- Citation
- 1005470
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 1005470.
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 Board has decided to remand the case due to a failure to obtain an addendum opinion addressing the differences between the previous VA examinations and the private DBQ submitted by the Veteran. The Veteran should be scheduled for an examination to determine the severity of his service-connected cervical spine fusion disability since January 28, 2022.
- Granted
The Veteran's cervical spine fusion is granted with a 30 percent evaluation prior to June 3, 2022. The increased evaluations for the right upper extremity radiculopathy and SMC based on aid and attendance or housebound status are denied.
- Denied
The Board denied service connection for various shoulder and foot conditions, as well as cervical spine fusion. The Veteran's right and left shoulder arthritis disabilities were not shown to meet the criteria for higher ratings.
- Denied
The Board finds that the Veteran's cervical spine fusion is a congenital defect and service connection for such condition is not warranted.
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