The Board has restored a 20 percent rating for the Veteran's degenerative disc disease of the cervical spine and has remanded the issue of entitlement to a higher rating for his right shoulder and bicep tear.
The deciding factor: The reduction in the rating for the cervical spine was improper due to lack of improvement under ordinary conditions of life and work, while the right shoulder and bicep tear case requires additional examination as per Correia v. McDonald (2016).
- Claimed conditions
- Degenerative disc disease of the cervical spine, Right shoulder and bicep tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 13, 2022
- Citation
- 22068386
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 22068386.
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.
- Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbar spine disabilities prior to October 22, 2008 are being remanded due to the need for additional retrospective medical opinions.
- Denied
The Board denied the Veteran's claim for service connection of degenerative disc disease of the cervical spine, finding that the evidence did not support a link between the condition and service.
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