The Veteran's cervical spine disability was rated at 20 percent prior to January 23, 2008 and denied a higher rating. From January 23, 2008, the Veteran's cervical spine disability was rated at 30 percent and also denied a higher rating.,The Veteran's bilateral occipital neuralgia was initially rated at 20 percent and denied a higher rating.
The deciding factor: The evidence did not show forward flexion of the cervical spine limited to 15 degrees or less, unfavorable ankylosis, incapacitating episodes of IVDS, or other criteria warranting a higher rating for the period prior to January 23, 2008. For the period from January 23, 2008, there was no evidence of unfavorable ankylosis and the Veteran did not experience incapacitating episodes of IVDS.,The evidence did not show left upper extremity radiculopathy that warranted a higher rating. The Veteran's bilateral occipital neuralgia was rated at 20 percent.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Right Occipital Neuralgia, Left Occipital Neuralgia, Left Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2021
- Citation
- 21001781
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 21001781.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Denied
The Board denied a rating in excess of 30 percent for the Veteran's left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
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