The Veteran's IVDS of the cervical spine with degenerative changes warrants a 60% rating, effective from May 1, 2014. His radiculopathy of the right upper extremity and left upper extremity do not warrant increased ratings. The Veteran is currently receiving the maximum schedular rating for his service-connected right sided tinnitus.
The deciding factor: The Veteran's IVDS has been productive of incapacitating episodes having a total duration of at least six weeks during the past 12 months, warranting a 60% rating under DC 5243. His radiculopathy does not meet criteria for complete paralysis, which would warrant a higher rating.
- Claimed conditions
- IVDS of the cervical spine with degenerative changes, Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity, Right sided tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 21, 2017
- Citation
- 1741172
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 1741172.
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 and radiculopathy of both upper extremities have been granted increased ratings, with the left upper extremity receiving a higher rating due to more severe symptoms.
- Denied
The Veteran's cervical strain is currently rated at 10 percent, but the evidence does not support a higher rating.,There is no current diagnosis of radiculopathy of the left upper extremity. The Veteran's service-connected cervical strain did not result in this condition.
- Denied
The Veteran's claims for service connection for a cervical spine disorder and radiculopathy of the right upper extremity were denied due to lack of new and material evidence.,The effective date for the grant of service connection for these conditions was not earlier than April 22, 2016.
- Dismissed
The Veteran's appeals for a Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA) prior to February 11, 2021 are dismissed as the issues remain pending in the Legacy system.
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