A disability rating of 20 percent, and not higher, for cervical spine degenerative disc disease with intervertebral disc syndrome is granted.,For the initial rating period on appeal from October 24, 2012 to November 14, 2021, a higher rating of 40 percent for right upper extremity radiculopathy is granted.,For the entire initial rating period on appeal from October 24, 2012, a disability rating in excess of 40 percent for right upper extremity radiculopathy is denied.,For the entire initial rating period on appeal from March 23, 2015, a higher initial disability rating in excess of 30 percent for left upper extremity radiculopathy is denied.
The deciding factor: The cervical spine disability has more nearly approximated forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees.,Throughout the rating period on appeal, considering all functional limitations including due to pain, the right upper extremity radiculopathy has more nearly approximated moderate incomplete paralysis of the affected nerve.,The criteria for a higher initial disability rating in excess of 40 percent for right upper extremity radiculopathy have not been met or more nearly approximated; the same applies for left upper extremity radiculopathy from March 23, 2015.
- Claimed conditions
- cervical spine degenerative disc disease with intervertebral disc syndrome, right upper extremity radiculopathy, left upper extremity radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 14, 2022
- Citation
- 22068547
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 22068547.
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 granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.