The Veteran's right upper extremity cervical radiculopathy is granted as secondary to her service-connected cervical spine disability. A 40 percent rating for her lumbar spine disability is granted, effective from February 27, 2015. The Veteran's PTSD is rated at 70 percent since the entire rating period on appeal.
The deciding factor: The Veteran has a current diagnosis of right upper extremity cervical radiculopathy secondary to her service-connected cervical spine disability. For her lumbar spine disability, she meets the criteria for a 40 percent rating based on forward flexion not meeting or approximating unfavorable ankylosis and intervertebral disc syndrome with incapacitating episodes of at least six weeks during any 12-month period. Her PTSD meets the criteria for a 70 percent rating.
- Claimed conditions
- Right upper extremity cervical radiculopathy, Lumbar spine disability, Posttraumatic stress disorder (PTSD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 14, 2021
- Citation
- 21021829
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 21021829.
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 is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
- Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
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