The Veteran's cervical spine condition is rated at 20 percent effective July 14, 2009 to April 18, 2017. A higher rating is denied thereafter.,Radiculopathy of the right upper extremity is rated at 40 percent effective April 18, 2017.,Radiculopathy of the left upper extremity (upper radicular group) is rated at 20 percent from June 25, 2015 to October 4, 2019. A higher rating is granted starting October 4, 2019.,Radiculopathy of the left upper extremity is rated at 40 percent effective October 4, 2019.
The deciding factor: The Veteran's cervical spine condition met criteria for a 20 percent rating from July 14, 2009 to April 18, 2017. However, the criteria for a higher rating were not met thereafter.,Radiculopathy of the right upper extremity manifested in moderate incomplete paralysis since April 18, 2017 and warranted a 40 percent rating.,Radiculopathy of the left upper extremity (upper radicular group) was rated at 20 percent from June 25, 2015 to October 4, 2019. A higher rating is granted starting October 4, 2019 due to severe incomplete paralysis.,Radiculopathy of the left upper extremity manifested in severe incomplete paralysis since October 4, 2019 and warranted a 40 percent rating.
- Claimed conditions
- Degenerative disc disease, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 8, 2020
- Citation
- 20077556
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 20077556.
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.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
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