The Veteran's cervical spine disability was rated at 50 percent disabling prior to November 30, 2002. From November 30, 2002 to September 25, 2003, a 60 percent rating was granted. From September 26, 2003, a 50 percent rating with separate evaluations of 40 and 30 percent for bilateral upper extremity cervical radiculopathy was granted. The Veteran's dermatitis was rated at 10 percent prior to September 17, 2004, and at 30 percent from that date onwards. Prior to January 4, 2007, the Veteran's service-connected disabilities precluded him from obtaining and maintaining substantially gainful employment, leading to a grant of TDIU.

The deciding factor: The Veteran’s cervical spine disability met the criteria for increased ratings under the revised rating criteria effective September 26, 2003. The dermatitis was rated based on its specific manifestations over time. The Veteran's service-connected disabilities precluded him from obtaining and maintaining substantially gainful employment.

Claimed conditions

{"condition_name":"Cervical Spine Disability"}, {"condition_name":"Dermatitis"}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

50%

Decision date

November 24, 2020

Citation

20074998