The Veteran's cervical spine disability is rated at 30 percent, effective October 5, 2005. The rating for the right and left upper extremity radiculopathy was also granted but not in excess of 20 percent.
The deciding factor: The VA examiners found that the Veteran did not have ankylosis of the cervical spine, which is a requirement for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative disc and joint disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 26, 2016
- Citation
- 1621356
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 1621356.
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.
- Denied
The Veteran's claim for VR&E benefits was denied because she did not have an employment handicap and was able to obtain suitable employment consistent with her abilities, aptitudes, and interests.
- Remanded (sent back)
The Veteran's appeal is remanded for the VA to attempt to obtain medical records from Dr. Choi at Garden Way, as requested in his November 2021 VA examination.
- Granted
The Board has restored the Veteran's 20 percent rating for cervical spine disability, finding that the reduction from 20 to 10 percent was improper due to insufficient evidence of material improvement under the ordinary conditions of life.
- Remanded (sent back)
The Veteran's claims for increased ratings on multiple disabilities are being remanded due to the need for additional VA and private treatment records.
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