The Veteran's initial disability rating for cervical spine degenerative joint disease status post fusion surgery is granted at a 30 percent level, but the appeal regarding entitlement to a TDIU on an extraschedular basis under 38 C.F.R. § 4.16(b) is remanded.
The deciding factor: The Veteran's cervical spine disability has been rated based on limitation of motion and does not meet the criteria for higher ratings due to ankylosis or incapacitating episodes. The TDIU claim requires a referral to VA’s Director of Compensation Service for consideration under 38 C.F.R. § 4.16(b).
- Claimed conditions
- cervical spine degenerative joint disease status post fusion surgery, radiculopathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 5, 2020
- Citation
- 20064484
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for eligibility for assistance in acquiring specially adapted housing or special home adaptation grant as he does not have a permanent and total service-connected disability that meets the criteria.
- Partly granted
The Board granted service connection for cervical strain with degenerative arthritis and IVDS, radiculopathy of the left and right upper extremities, but denied service connection for left knee strain with shin splints, thoracolumbar strain with IVDS, left shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis, right shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis with calcific tendinitis, and tinnitus.
- Denied
The Board denied service connection for fatigue, traumatic brain injury (TBI), gastroesophageal reflux disease (GERD), left wrist disability, cervical spine disability, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity as there was no evidence to support a current diagnosis or that these conditions were related to service.
- Partly granted
The Board granted service connection for cervical spine, lumbar spine, right knee, and left knee disabilities, as well as radiculopathy of the upper and lower extremities and an insomnia disorder. However, it denied service connection for instability of the left knee and a disability rating in excess of 10 percent for tinnitus.
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