The Veteran's cervical spine disability is granted a 30 percent rating for the entire initial rating period. Prior to October 7, 2020, he was granted an initial 30 percent rating for left upper extremity radiculopathy and a 40 percent rating for right upper extremity radiculopathy from that date. From July 2, 2021, his ratings were changed to 30 percent under DC 8613.
The deciding factor: The Veteran's cervical spine disability was rated based on forward flexion of the neck and associated symptoms such as pain and functional loss. The most recent VA examination showed that he had forward flexion of 40 degrees, which is within the criteria for a 30 percent rating under DC 5243.
- Claimed conditions
- Cervical Spine Disability, Left Upper Extremity Radiculopathy, Right Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 27, 2022
- Citation
- 22060400
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 22060400.
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 cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
- 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.
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