The Veteran's cervical spine disability is rated as 60 percent disabling prior to July 10, 2012. From that date forward, he has separate ratings for moderate radiculopathy of the right and left upper extremities (40% each) and degenerative disease of the cervical spine (30%).,The Veteran's lumbar spine disability is rated as 40 percent disabling.,Both conditions are not rated higher.
The deciding factor: The Veteran's service-connected disabilities do not meet or approximate the criteria for a rating in excess of those currently assigned under any applicable diagnostic codes.
- Claimed conditions
- Cervical spine disc disease with degenerative joint disease, Radiculopathy of the upper extremities, Discogenic disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2013
- Citation
- 1307518
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 1307518.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted a higher level of SMC at the intermediary level N1/2 from October 20, 2020 to June 7, 2022. This decision resolves doubt in favor of the Veteran.
- Denied
The Board denied service connection for gastroesophageal reflux disease (GERD) and dismissed the appeals regarding cervical spine disability and radiculopathy of the upper extremities.
- Remanded (sent back)
The Board has remanded the claims for neck disability and radiculopathy of the upper extremities due to insufficient development. The Veteran's current neck disability is not service-connected as there is no evidence linking it to an in-service injury or event, despite credible lay statements of continuity of symptoms since service.
- Granted
The Veteran's lumbar spine disability and sciatica of the lower extremities have been granted increased ratings, with a 40 percent rating for each condition.
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