The Veteran's claims for increased ratings and entitlement to a total disability rating based on individual unemployability (TDIU) have been remanded.,For the cervical spine DDD, the Board found that an extraschedular rating prior to January 10, 2017 is not warranted. A schedular rating in excess of 40 percent from January 10, 2017 for DDD of the cervical spine has also been denied.,For bilateral upper extremity radiculopathy, a schedular rating in excess of 20 percent from January 10, 2017 has not been met.
The deciding factor: The evidence did not show an exceptional disability picture that would warrant an extraschedular rating for the cervical spine DDD prior to January 10, 2017. The Veteran's employment was impacted by his cervical spine disability but not so significantly as to meet the second prong of Thun.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Bilateral upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 18, 2018
- Citation
- 18119065
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. Read the original VA decision (opens in a new tab) using citation 18119065.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted earlier effective dates of June 6, 2011 for the Veteran's service connection claims for right and left upper extremity cervical radiculopathy.
- Dismissed
The appeal for service connection of sinusitis is dismissed. The appeals for cervical spine disability, bilateral upper extremity radiculopathy, GERD, and migraine disability are remanded.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Granted
The Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected musculoskeletal disabilities, which render him unemployable.
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