The Veteran's initial claim for a higher rating for cervical spine disorder is denied. Separate ratings of 30 percent and 40 percent are granted for moderate incomplete radiculopathy of the right upper extremity and left upper extremity, respectively.
The deciding factor: The evidence does not support forward flexion of the cervical spine at 15 degrees or less, nor favorable ankylosis of the entire cervical spine. The Veteran's disability picture is most closely approximated by a 20 percent rating for cervical spine disorder.
- Claimed conditions
- Cervical spine disorder, Moderate incomplete radiculopathy of the right upper extremity, Moderate incomplete radiculopathy of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 16, 2020
- Citation
- A20018686
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 A20018686.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a cervical spine disorder and psychiatric disorder due to incomplete information. The Veteran needs to provide his complete service personnel records, verify his alleged combat experience in Vietnam, and undergo VA examinations for both conditions.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a causal relationship between his current condition and his military service.
- Remanded (sent back)
The Board has determined that the initial ratings assigned for psoriatic arthritis of the upper and lower extremities, as well as service connection for a cervical spine disorder, need to be remanded due to incomplete evidence. The Veteran's periods of active duty for training (ADT) and inactive duty for training (IDT) must be confirmed, and all relevant medical records should be obtained.
- Granted
The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, warranting an effective date of January 8, 2014 for SMC based on the need for aid and attendance.
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