The Veteran's claims for increased ratings and TDIU were denied. The cervical spine disability was rated at 20%, the right upper extremity peripheral neuropathy at 20%, and the left arm radiculopathy at 20%. A TDIU effective from October 11, 2011, was granted.
The deciding factor: The VA examinations did not find any evidence of severe or complete paralysis in either upper extremity, which precluded higher ratings under DCs for incomplete and complete paralysis.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the cervical spine with intervertebral disc syndrome (IVDS), Right upper extremity peripheral neuropathy, Left arm radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 23, 2019
- Citation
- 19180735
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 the reopening of claims for service connection for a heart disorder, hypertension, diabetes mellitus, and gout. The remaining claims were remanded for further development.
- Partly granted
The Board granted a rating of 30 percent for left upper extremity peripheral neuropathy and 20 percent for right upper extremity peripheral neuropathy, but no greater.
- Partly granted
The Board denied service connection for bilateral hearing loss, diabetes mellitus, type II (DMII), right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, and erectile dysfunction. Service connection was granted for a lumbar spine disorder, headaches, and dizziness. The TDIU claim was dismissed as moot.
- Partly granted
The Board granted entitlement to TDIU from January 23, 2015 to October 16, 2017 based on the aggregate impact of the Veteran's service-connected disabilities precluding substantially gainful employment. The Board denied service connection for benign prostatic hypertrophy (BPH), finding the evidence persuasively weighs against any relationship to service or service-connected disabilities.
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