The Veteran is granted a separate 10 percent rating for the neurological manifestations of his cervical spine disability in the right upper extremity, effective September 26, 2003. The claim for service connection for a lumbar spine disability was reopened and granted secondary to the service-connected left ankle, left knee, and cervical spine disabilities.
The deciding factor: The Veteran's neurological manifestations of his cervical spine disability in the right upper extremity were found to be severe enough to warrant a separate rating since September 26, 2003. The claim for service connection was reopened based on new evidence supporting the secondary theory of service connection.
- Claimed conditions
- Cervical Spine Disability, Lumbar Spine Disability (contested)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 16, 2010
- Citation
- 1042989
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 1042989.
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, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to inadequate examinations. The Veteran is required to undergo new VA examinations to assess her current and retrospective severity of these disabilities.
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