The Veteran's cervical spine disability is rated at 10 percent, effective January 2, 2018. The claim for an increased rating in excess of 10 percent remains denied.,Right upper extremity radiculopathy associated with cervical spine disability was not granted a separate rating as the evidence did not support such a finding.,The Veteran's chronic strain of the thoracic and lumbosacral spine with degenerative arthritis and deformity of coccyx is rated at 20 percent, effective January 24, 2017 to December 10, 2019. The claim for an increased rating in excess of 20 percent remains denied.,The Veteran's low back disability was rated at 20 percent from December 11, 2019 onwards. The claim for an increased rating in excess of 20 percent remains denied.,Right lower extremity radiculopathy associated with chronic strain of the thoracic and lumbosacral spine was not granted a separate rating as the evidence did not support such a finding.
The deciding factor: The Veteran's cervical spine disability did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine due to lack of forward flexion limited to less than 30 degrees, ankylosis or functional limitation equivalent thereof.
- Claimed conditions
- multilevel degenerative disc disease of the cervical spine, chronic strain of the thoracic and lumbosacral spine with degenerative arthritis and deformity of coccyx, right upper extremity radiculopathy associated with cervical spine disability, right lower extremity radiculopathy associated with chronic strain of the thoracic and lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 22, 2021
- Citation
- A21020377
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 A21020377.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's appeal for a higher rating for right upper extremity radiculopathy associated with cervical spine disability was denied because the evidence showed no more than mild incomplete paralysis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate opinions regarding whether his service-connected disabilities caused or aggravated his claimed conditions. The issues include sleep apnea, hypertension, diabetes mellitus type II, degenerative disc disease of the lumbar spine, multilevel degenerative disc disease of the cervical spine, basal cell carcinoma, and bilateral hearing loss.
- Remanded (sent back)
The Veteran's tinnitus is not service-connected as it did not begin during active service or is otherwise related to an in-service injury, event, or disease.,The Veteran’s bilateral pes planus does not warrant a compensable rating as her symptoms are relieved by orthotic inserts.
- Remanded (sent back)
The Veteran's appeal is remanded for an adequate medical opinion to determine the severity of his service-connected cervical spine disability and whether it warrants a rating in excess of 20 percent from September 1, 2013.
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