The Veteran's appeal for a higher rating for his cervical spine degenerative joint disease and associated radiculopathy was granted due to equitable tolling of the 60-day filing requirement, as he believed he had properly opted into the Appeals Modernization Act (AMA).
The deciding factor: Equitable tolling applied because the Veteran did not realize that he could not opt into RAMP until his new attorney informed him.
- Claimed conditions
- cervical spine degenerative joint disease, radiculopathy of left upper extremity, radiculopathy of right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 27, 2021
- Citation
- A21020509
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 A21020509.
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.
- Remanded (sent back)
The Veteran's claim for a temporary total rating based on hospitalization or convalescence due to his service-connected cervical spine disability is remanded as the record does not include post-surgical follow-up treatment records from the University of Virginia Hospital.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for cervical spine degenerative joint disease and a back disability due to lack of evidence linking these conditions to his military service. The case is being remanded for further examination and opinion regarding the claimed back disability.
- Granted
The Board has granted service connection for cervical spine degenerative joint disease and lumbar spine degenerative joint disease, including radiculopathy. The decision is based on the Veteran's reported in-service injuries and current medical diagnoses.
- Granted
The Board granted service connection for cervical spine degenerative joint disease, finding that the Veteran's current condition is related to an in-service injury.
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