The Veteran's appeal for an increased rating for cervical spine disability was dismissed. The reduction in rating from 20% to 10% for right foot superficial peroneal neuritis was restored effective August 19, 2015.,Right foot superficial peroneal neuritis is now rated at 20%, and left foot degenerative joint disease and right ear injury with perforation of tympanic membrane are both denied. A TDIU has been granted.
The deciding factor: The Veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation.
- Claimed conditions
- Cervical Spine Disability, Right Foot Superficial Peroneal Neuritis, Left Foot Degenerative Joint Disease, Chronic Otitis Media, Right Ear Injury with Perforation of Tympanic Membrane, Total Disability Rating Based on Individual Unemployability (TDIU)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2021
- Citation
- 21004823
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 21004823.
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.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
- Dismissed
The Board dismissed the appeal for an earlier effective date than March 23, 2023 for TDIU as it was previously adjudicated in a previous decision.
- 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.
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