The Veteran's cervical spine disability is currently rated at 30 percent, effective August 10, 2007. The Board has determined that a higher rating is not warranted.,The Veteran's left upper extremity radiculopathy is currently rated at 60 percent, effective August 10, 2007. The Board has determined that a higher rating is not warranted.
The deciding factor: The evidence does not support an increase in the evaluation for cervical spine disability beyond 30 percent as there is no indication of unfavorable ankylosis or intervertebral disc syndrome (IVDS) warranting a higher evaluation.,The Veteran's left upper extremity radiculopathy has been rated at 60 percent, effective August 10, 2007. The Board found that the evidence does not support a higher rating as there is no indication of complete paralysis of all radicular nerve groups.
- Claimed conditions
- Left Upper Extremity Radiculopathy, Posterior Interspinous Ligament Disruption C4-5 with Persistent Laxity and C5 Compression Fracture Status Post-Cervical Fusion and Degenerative Disc Disease (Cervical Spine Disability), Right Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 10, 2019
- Citation
- 19192740
Veterans Law Judge
Decisions by this judge: 2,017 · Granted: 36% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19192740.
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.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Denied
The Board denied a rating in excess of 30 percent for the Veteran's left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Granted
An effective date of July 1, 2020 is granted for Total Disability Rating based on Individual Unemployability (TDIU).,An effective date of July 1, 2020 is also granted for basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) due to permanent and total service-connected disabilities.
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