The Veteran's cervical spine condition is rated at 20 percent, which is the maximum rating available under VA regulations.,Prior to January 8, 2022, his left upper extremity radiculopathy was rated at 20 percent. From January 8, 2022, it was rated at 30 percent.,His right upper extremity radiculopathy is currently rated at 40 percent.
The deciding factor: The Veteran's cervical spine condition does not meet the criteria for a higher rating as his forward flexion of the cervical spine is greater than 15 degrees but not greater than 30 degrees, and he does not have ankylosis. His left upper extremity radiculopathy prior to January 8, 2022 was rated at 20 percent due to mild incomplete paralysis, which is the maximum rating available under VA regulations. From January 8, 2022, his condition improved and he now has moderate incomplete paralysis, warranting a 30 percent rating. His right upper extremity radiculopathy is currently rated at 40 percent as it meets the criteria for severe incomplete paralysis.
- Claimed conditions
- Cervical spondylosis with canal stenosis (cervical spine condition), Left upper extremity radiculopathy, Right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 18, 2022
- Citation
- 22015744
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 22015744.
What this means for you
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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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