The Veteran's cervical spine DJD, RUE radiculopathy, and LUE radiculopathy were evaluated. The initial rating for cervical spine DJD was denied prior to May 6, 2017, but granted thereafter at a 30% rating. An increased rating of 40% was granted for RUE radiculopathy from November 21, 2019, and an initial 30% rating was granted for LUE radiculopathy from the same date.
The deciding factor: The Veteran's cervical spine DJD did not meet criteria for a higher than 10% or 30% rating prior to May 6, 2017. From that date onward, he met criteria for a 30% rating due to unfavorable ankylosis of the entire cervical spine. For RUE radiculopathy, the Veteran met criteria for a 40% rating from November 21, 2019, based on moderate incomplete paralysis. For LUE radiculopathy, he met criteria for a 30% rating from that date.
- Claimed conditions
- Cervical spine degenerative joint disease (DJD), status post fusion, Right upper extremity (RUE) radiculopathy, Left upper extremity (LUE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 25, 2021
- Citation
- 21010491
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 21010491.
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 Board denied an initial rating in excess of 50 percent for generalized anxiety disorder and an initial rating in excess of 30 percent for paroxysmal atrial fibrillation post ablation, finding the evidence did not support a higher rating. The claims for service connection for cervical spine disorder, left upper extremity radiculopathy, and right upper extremity radiculopathy were remanded.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Denied
The Board denied service connection for left and right upper extremity radiculopathy, finding that there was no evidence linking these conditions to the Veteran's period of military service or his service-connected low back disability.
- Partly granted
The Board granted the restoration of a 20 percent rating for cervical strain from October 1, 2024, and denied compensable ratings for bilateral hearing loss, scars on both knees, upper extremity radiculopathies, and service connection for wrist disorders.
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