The Veteran's cervical spine disability was granted a 20 percent evaluation prior to May 17, 2019 and a 30 percent evaluation as of that date.,Separate evaluations of 40 percent for right upper extremity radiculopathy and 30 percent for left upper extremity radiculopathy were granted effective from May 17, 2019.
The deciding factor: The Veteran's cervical spine disability was found to warrant a staged rating increase due to the decrease in range of motion after May 17, 2019.,For the period prior to May 17, 2019, the Veteran’s radiculopathy did not meet the criteria for higher ratings as there were no evidence of severe or moderate incomplete paralysis.
- Claimed conditions
- Degenerative Joint Disease of the Cervical Spine, Cervical Radiculopathy of the Right Upper Extremity, Cervical Radiculopathy of the Left Upper Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 12, 2020
- Citation
- A20016849
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 A20016849.
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 Veteran's degenerative joint disease of the cervical spine was found to not meet the criteria for a higher disability rating, as it did not result in forward flexion of 15 degrees or less and there was no evidence of favorable ankylosis of the entire cervical spine.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Granted
The Veteran's low back disability was restored to a 20 percent rating effective February 24, 2022. The other issues were denied.
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