The Veteran's cervical strain with degenerative joint disease is granted at a 30% evaluation for the period prior to November 13, 2019. For the period from November 13, 2019, an evaluation of 40% for right upper extremity radiculopathy and 30% for left upper extremity radiculopathy is granted.
The deciding factor: The Veteran's cervical strain with degenerative joint disease was found to have forward flexion of the cervical spine to 15 degrees or less, which meets the criteria for a 30% evaluation. For his right and left upper extremity radiculopathies, the evaluations were granted based on moderate incomplete paralysis.
- Claimed conditions
- Cervical Strain with Degenerative Joint Disease, Right Upper Extremity Radiculopathy, Left Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 4, 2022
- Citation
- 22026360
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 22026360.
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 Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Denied
The Board denied a rating in excess of 30 percent for the Veteran's left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Granted
An effective date of July 1, 2020 is granted for Total Disability Rating based on Individual Unemployability (TDIU).,An effective date of July 1, 2020 is also granted for basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) due to permanent and total service-connected disabilities.
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