The Veteran's initial rating for cervical spine disability was denied, but a 20 percent rating was granted for radiculopathy of the left upper extremity beginning January 31, 2018. The Veteran's initial rating for radiculopathy of the right upper extremity was also granted at this time, with a higher rating being denied thereafter. A 10 percent rating was granted for GERD with gastritis, hiatal hernia, and status post surgery Nissen repair fundoplication with surgical scars.
The deciding factor: The Veteran's cervical spine disability did not meet the criteria for an initial rating in excess of 20 percent due to lack of IVDS or unfavorable ankylosis. The radiculopathy ratings were granted based on the severity of symptoms and functional impairment, while GERD was rated based on the severity of symptoms.
- Claimed conditions
- cervical strain with degenerative disc disease and degenerative arthritis, anterolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 8, 2022
- Citation
- 22013092
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 22013092.
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 Board has remanded the Veteran's claim for a back disability due to insufficient medical opinion regarding the relationship between his service and acquired back disorders. The case will be returned to obtain an adequate medical opinion.
- Remanded (sent back)
The Veteran's claim for service connection for a back disorder is being remanded due to the need for an addendum opinion addressing the nature and etiology of his diagnosed conditions.
- Denied
The Veteran's lumbar spine disability, including anterolisthesis and lumbar strain, is not considered to be caused by VA hospital care or medical treatment.
- Remanded (sent back)
The Board has remanded the Veteran's appeal to obtain medical nexus opinions regarding the etiology of his thoracolumbar spine disabilities, including spina bifida occulta. The AOJ must ensure that VA fulfills its duty to assist and obtain updated treatment records.
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