The Veteran's neck disability is currently rated at 20 percent, and his right upper extremity peripheral nerve dysfunction is rated at 10 percent. The Board finds that the Veteran does not meet criteria for a higher rating based on current evidence of record.
The deciding factor: The medical evidence does not support an increased rating for the neck disability or LUE peripheral nerve dysfunction as there are no findings indicating more than mild incomplete paralysis in the LUE, and forward flexion of the cervical spine is at least 35 degrees with no additional limitation due to pain. The Veteran's service-connected low back disability has not been shown to be secondary to his neck disability.
- Claimed conditions
- Cervical Spine Fracture Residuals with Degenerative Joint Disease (DDD) and Degenerative Disc Disease (DDD), Degenerative Disc Disease (DDD) of the Lumbar Spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 11, 2015
- Citation
- 1510109
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 1510109.
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 service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying service connection for OSA, claimed as secondary to service-connected psychiatric disorder and DDD of the lumbar spine, is flawed due to a failure to consider whether obesity was an intermediate step in the development of OSA. The case is being remanded to obtain an addendum medical opinion.
- Remanded (sent back)
The Veteran's PTSD symptoms more nearly approximate the criteria for a 70 percent rating, warranting an increased rating.,Service connection for lumbar degenerative disc disease (DDD) and degenerative arthritis is remanded due to insufficient evidence in the record.,The Veteran's current employment status does not affect his entitlement to service connection for DDD and degenerative arthritis.
- Granted
The Board has granted service connection for obstructive sleep apnea and a lower back disorder, finding that the obesity aggravated by the service-connected left knee disability was a substantial factor in causing these conditions.
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