The Veteran's cervical spine disability was denied a rating in excess of 10 percent prior to January 24, 2019 and in excess of 30 percent from that date.,Radiculopathy of the right upper extremity and left lower extremity were both denied ratings in excess of 20 percent.,Left upper extremity radiculopathy was also denied a rating in excess of 10 percent prior to January 24, 2019.
The deciding factor: The Veteran's cervical spine disability did not meet the criteria for higher ratings under the General Rating Formula due to lack of limitation of motion or unfavorable ankylosis.,Radiculopathy was found to be no more than mild in nature, with no associated neurologic abnormalities other than already service-connected radiculopathy of the bilateral lower extremities.,The Veteran's left upper extremity radiculopathy did not meet criteria for higher ratings due to lack of associated neurologic abnormalities.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2019
- Citation
- 19130115
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 19130115.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Denied
The Board denied the Veteran's claims that five prior rating decisions were products of clear and unmistakable error. The Board found that the Veteran's arguments constituted disagreements with how the Agency of Original Jurisdiction weighed evidence in final prior decisions, which cannot rise to the level of valid CUE claims.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Granted
The Board granted a 30 percent rating for the service-connected left upper extremity radiculopathy, effective from August 3, 2023.
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