The Veteran's cervical spine disability, including IVDS and degenerative arthritis, is rated at 20 percent from August 1, 2014 to August 3, 2017.,Cervical radiculopathy of the left upper extremity was granted a separate 30 percent rating effective August 15, 2020. The right upper extremity received a separate 40 percent rating from that date.,Fibromyalgia is rated at its maximum schedular rating (30 percent) throughout the appeal period.
The deciding factor: The Veteran's cervical spine disability met the criteria for a 20 percent rating based on her range of motion and clinical findings, with no evidence supporting higher ratings.
- Claimed conditions
- status-post cervical herniation with IVDS and degenerative arthritis, cervical radiculopathy of the left upper extremity, cervical radiculopathy of the right upper extremity, fibromyalgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 11, 2022
- Citation
- 22001329
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 22001329.
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's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
- Remanded (sent back)
The Board has determined that the AOJ did not obtain all necessary opinions regarding whether the Veteran's symptoms are related to an undiagnosed illness or medically unexplained chronic multisymptom illness (MUCMI). The claims for service connection for fatigue, fibromyalgia, left elbow disorder, right elbow disorder, and sleep disorder are remanded for further development.
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