The Veteran's cervical spine disability is rated at 10 percent, and his right and left upper extremity radiculopathy associated with the cervical spine disability are each rated at 20 percent. The Veteran's headaches disability is rated as non-compensable from November 28, 2008 to July 22, 2012, and in excess of 10 percent since July 23, 2012. After considering all the evidence, including VA examinations and medical records, the Board has determined that the Veteran's service-connected disabilities prevent him from securing or following gainful employment.
The deciding factor: The Veteran's cervical spine disability is rated at 10 percent under DC 5237 based on limited motion. His right and left upper extremity radiculopathy associated with the cervical spine disability are each rated at 20 percent under DC 8510, which provides the rating criteria for paralysis of the upper radicular group (fifth and sixth cervicals). The Veteran's headaches disability is rated as non-compensable from November 28, 2008 to July 22, 2012, and in excess of 10 percent since July 23, 2012. After considering all the evidence, including VA examinations and medical records, the Board has determined that the Veteran's service-connected disabilities prevent him from securing or following gainful employment.
- Claimed conditions
- Cervical Spine Disability, Right and Left Upper Extremity Radiculopathy associated with Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 15, 2017
- Citation
- 1704503
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 1704503.
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 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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