The Veteran's service-connected disabilities, including a cervical spine disorder and right upper extremity radiculopathy, did not meet the criteria for increased ratings. However, a 30 percent rating was granted for right upper extremity radiculopathy from August 12, 2013 to May 6, 2021, and TDIU was granted beginning May 16, 2018.
The deciding factor: The Veteran's cervical spine disorder did not meet the criteria for a higher rating due to limited forward flexion. The right upper extremity radiculopathy met the criteria for a 30 percent rating based on moderate incomplete paralysis of the ulnar nerve. TDIU was granted as the service-connected disabilities rendered the Veteran unable to secure and maintain gainful employment.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Cervical spine disorder (post anterior cervical disc fusion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2022
- Citation
- 22001652
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.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for a new VA examination to address whether the Veteran's degenerative arthritis of the cervical spine is secondary to his service-connected right shoulder disability.
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