The Veteran's cervical spine disability is rated at 40 percent, with a separate rating of 10 percent for neurological symptoms. The right shoulder disability was initially denied but later granted as 30 percent disabling effective October 27, 2009. The left leg disability remains at 20 percent.
The deciding factor: The Veteran's cervical spine disability is rated based on its underlying pathology and associated neurological symptoms, with the neurological component separately evaluated under Diagnostic Code 8512 for incomplete paralysis of the lower radicular group.
- Claimed conditions
- Degenerative Disc Disease of the Cervical Spine, Postoperative Impingement Syndrome of the Right Shoulder, Residuals of Left Leg Tibia and Fibula Fracture with Shortening of the Leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 15, 2016
- Citation
- 1623996
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 1623996.
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 Board granted service connection for obstructive sleep apnea, degenerative disc disease of the cervical spine, disability manifested by skin rash and lesions on feet and hands, respiratory disability manifested by difficulty breathing, disability manifested by muscle pain and cramping, and joint pain in arms and legs, and chronic headaches, all due to an undiagnosed illness.
- Dismissed
The appeal for service connection and increased ratings for various conditions, including diabetes, erectile dysfunction, bilateral shoulder disability, hemorrhoids, and knee and ankle disabilities, was dismissed.
- Denied
The Board denied increased ratings for the veteran's PTSD, degenerative disc disease of the lumbar spine with IVDS and spinal stenosis, degenerative disc disease of the cervical spine, right upper extremity radiculopathy, bilateral hearing loss, hypertension, and erectile dysfunction.
- Remanded (sent back)
The Veteran's claims for increased ratings for his service-connected left hip, left shoulder, and cervical spine disabilities are being remanded due to the need for updated VA examinations.
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