The Veteran's claim for an effective date earlier than November 14, 2016 for the grant of service connection for a surgical scar was denied. The Board found that entitlement to secondary service connection for a surgical scar could not arise prior to the award of service connection for the primary disability of a neck disorder.,The Veteran's claim for an initial rating in excess of 30 percent for a surgical scar, status post cervical fusion was denied. The effective date assigned is November 14, 2016, the date service connection was established for the condition.,The Veteran's claim for a 50 percent rating, but not higher, for left hand cubital tunnel syndrome was granted. The effective date assigned is November 14, 2016, the date service connection was established for the condition.,The Veteran's claim for a rating in excess of 60 percent prior to December 6, 2016, and in excess of 20 percent thereafter, for intervertebral disc syndrome with degenerative arthritis changes, cervical spine was denied. The effective date assigned is November 14, 2016, the date service connection was established for the condition.,The Veteran's claim for a separate 40 percent rating for left upper extremity radiculopathy was granted. The effective date assigned is November 14, 2016, the date service connection was established for the condition.,The Veteran's claim for a rating in excess of 10 percent for hypertension was denied. The effective date assigned is not applicable as hypertension does not have an effective date.
The deciding factor: The Board found that entitlement to secondary service connection for a surgical scar could not arise prior to the award of service connection for the primary disability of a neck disorder, which occurred on November 14, 2016.
- Claimed conditions
- surgical scar, status post cervical fusion, left hand cubital tunnel syndrome, cervical spine intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2020
- Citation
- 20075735
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 20075735.
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.
- Partly granted
The veteran's claim for service connection for cervical spine IVDS was granted. The claim for PTSD and a higher rating for tinnitus were denied. The effective date for tinnitus was set to January 10, 2012.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection for loss of use of arms and legs, and for a higher disability rating for cervical spine issues. The Board found that the VA examination was not adequate.
- Granted
The Board has granted service connection for the Veteran's cervical spine intervertebral disc syndrome, finding that it is related to his in-service back injury and resolving all doubt in favor of the Veteran.
- Granted
The Board has granted an earlier effective date of February 24, 2016 for the Veteran's service connection of cervical spine intervertebral disc syndrome, right arm cervical radiculopathy, and left arm cervical radiculopathy.
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