The Veteran's radiculopathy in both upper extremities was restored to 20% ratings. A noncompensable rating for a surgical scar, residual of neck surgery was granted. The Veteran's lumbar spine disability was increased to 40%. The cervical spine disability was denied any increase beyond the current 30% rating. Temporary total evaluations and SMC benefits were denied. TDIU was granted.
The deciding factor: The decision upheld the restoration of ratings for radiculopathy in both upper extremities, granted a noncompensable rating for the surgical scar, and increased the lumbar spine disability to 40%. The cervical spine disability was not found to warrant any increase beyond the current 30% rating. Temporary total evaluations and SMC benefits were denied. TDIU was granted.
- Claimed conditions
- Radiculopathy, right upper extremity, Radiculopathy, left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 29, 2020
- Citation
- A20019321
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 A20019321.
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 Board has remanded the case for further development and an addendum medical opinion regarding the Veteran's service-connected neuropathy of the bilateral lower extremities, sciatic nerve and femoral nerve, and his non-service-connected radiculopathy of the bilateral lower extremities.
- Remanded (sent back)
The Board has found that remand is needed for additional development, including obtaining outstanding treatment records and scheduling a new examination to evaluate the Veteran's cervical spine disability and radiculopathy.
- Remanded (sent back)
The Veteran's service connected thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, radiculopathy of the right upper and lower extremities, and radiculopathy of the left upper and lower extremities are all remanded for further development.
- Partly granted
The Board granted service connection for a cervical spine condition and dismissed the claim for PTSD, while denying claims for radiculopathy of the right upper extremity, TBI rating increase, status post right knee meniscectomy rating increase, and scar rating.
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