The Veteran's initial claim for a higher rating for cervical spine strain was granted under 38 U.S.C. § 1151, but his secondary claim for benefits related to left arm radiculopathy and degenerative disc disease of the cervical spine was denied.
The deciding factor: The medical evidence did not establish the Veteran had IVDS or incapacitating episodes due to intervertebral disc syndrome (IVDS) that required bed rest prescribed by a physician, which is necessary for a higher rating under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- Cervical spine strain, Degenerative disc disease of cervical spine, Left arm radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 7, 2013
- Citation
- 1318592
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 1318592.
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 Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim of service connection for a neck disorder, as it is insufficiently addressed in the previous decision. The case will be sent back for an addendum opinion.
- Denied
The Veteran's cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
- Granted
The Board has granted a 20 percent rating for the Veteran's cervical spine strain from October 24, 2011. The effective date is set at that time.
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