The Veteran's appeal for increased ratings for cervical spine and upper extremity radiculopathy has been denied as there is no evidence of unfavorable ankylosis or incapacitating episodes. The current rating of 30 percent for the cervical spine disability remains unchanged.
The deciding factor: The VA examiner found that the Veteran’s cervical spine disability does not manifest unfavorable ankylosis and did not experience any incapacitating episodes requiring bed rest prescribed by a physician, thus preventing him from receiving a higher evaluation under Diagnostic Code 5243 for intervertebral disc syndrome (IVDS).
- Claimed conditions
- Degenerative Arthritis of the Cervical Spine, Right Upper Extremity Radiculopathy, Left Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2017
- Citation
- 1734453
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 1734453.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Denied
The Board denied a rating in excess of 30 percent for the Veteran's left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis.
- 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.
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