The Board found that the reduction of the disability evaluation from 60 percent to 10 percent for herniated nucleus pulposus of the cervical spine with upper extremity complaints was proper, as the evidence showed significant improvement in the Veteran's condition.
The deciding factor: The May 2006 VA examination report indicated an improvement in the Veteran's cervical spine disorder and supported a reduction to 10 percent under the General Rating Formula for Diseases and Injuries of the Spine. The combined range of motion was also noted, which is relevant to the decision.
- Claimed conditions
- Herniated nucleus pulposus of the cervical spine, Upper extremity complaints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 26, 2011
- Citation
- 1139615
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 1139615.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's TDIU claim is granted from January 11, 2008. The Board has remanded the issue of an increased rating for his left ankle disability.
- Denied
The Veteran's cervical spine disability was rated as 10 percent disabling prior to January 27, 2009 and has been rated as 20 percent disabling since then. The evidence does not support a higher rating at any time during the appeal period.,The Veteran's left hand paresthesias have been rated as 10 percent disabling since October 1999. The April 2009 VA examiner noted mild incomplete paralysis in the minor extremity, warranting a 10% rating.
- Denied
The Board has determined that the Veteran's service-connected herniated nucleus pulposus of the cervical spine does not warrant a disability rating in excess of 20 percent, as it does not meet the criteria for an increased rating under the applicable VA Rating Schedule.
- Granted
The Veteran's service-connected cervical and lumbar spine disabilities have been rated at 20 percent each, with no higher ratings granted. The Board has found that the current ratings are appropriate based on the objective findings from VA examinations.
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