The Veteran's cervical spine disability was granted an increased rating of 30 percent prior to August 23, 2019.,An initial rating in excess of 30 percent for the cervical spine disability since August 23, 2019, and a separate rating for left upper extremity radiculopathy were denied.
The deciding factor: The Veteran's cervical spine disability was found to have forward flexion limited to 5 degrees at worst, resulting in entitlement to an increased 30 percent rating prior to August 23, 2019. However, the combined range of motion did not meet the criteria for a higher rating due to additional functional impairment during flare-ups and repetitive use.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the cervical spine, Left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 3, 2021
- Citation
- 21067143
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 21067143.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disability with left upper extremity radiculopathy, finding that there was no evidence of an in-service injury or chronic condition. The Board concluded that the Veteran did not meet the criteria for direct service connection.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
- Granted
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance due to service-connected disabilities has been granted. The Board found that the Veteran requires assistance with eating, dressing, hygiene needs, medication management, housekeeping, meal preparation, and laundry.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
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