The Veteran's claim for increased ratings was denied. The cervical spine disability is rated at 20% and separate ratings of 20% each were granted for upper extremity radiculopathy effective March 10, 2015. The reduction in the right knee rating from 30% to 0% is found to be void ab initio.
The deciding factor: The Veteran's cervical spine disability does not meet or approximate criteria for a higher than 20% rating based on limitation of motion. Separate ratings for upper extremity radiculopathy were granted effective March 10, 2015 as they are part and parcel of the cervical spine disability. The reduction in right knee disability rating was found to be void ab initio due to lack of evidence of an incapacitating episode.
- Claimed conditions
- Cervical Spine Disability, Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 17, 2015
- Citation
- 1548350
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 1548350.
What this means for you
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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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