The Veteran's claim for service connection for a neck condition, including degenerative disc disease of the cervical spine, was granted. The claims for radiculopathy of the right and left upper extremities were remanded due to insufficient evidence.
The deciding factor: The Board found that there is at least an approximate balance of positive and negative evidence regarding whether the Veteran's neck condition was incurred in service, granting service connection based on the benefit-of-the-doubt rule. The radiculopathy claims are remanded as secondary service connection requires a medical opinion.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 1, 2019
- Citation
- 19175731
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.
- 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.
- Granted
The Board granted a 30 percent rating for the service-connected left upper extremity radiculopathy, effective from August 3, 2023.
- Granted
The Board granted an effective date of September 20, 2022 for the assignment of service connection and a disability rating of 20 percent for radiculopathy of the right upper extremity from September 20, 2022 to March 20, 2024.
- Granted
The Board granted service connection for the veteran's claimed conditions, including iliotibial band syndrome of the left knee, a cervical spine disability, radiculopathy of the right and left upper extremities, alopecia totalis, a right hip disability, a left hip disability, a right elbow disability, a right shoulder disability, and a left shoulder disability.
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