The Board granted the restoration of a 30 percent rating for the Veteran's cervical spine disability, effective from May 17, 2016, as the evidence did not reflect improvement in the disability under the ordinary conditions of his life and work.
The deciding factor: The decision was based on the lack of evidence showing sustained material improvement in the Veteran's cervical spine disability over time.
- Claimed conditions
- cervical spine disability, urinary incontinence (secondary to cervical spine disability), right upper extremity radiculopathy, left upper extremity radiculopathy, major depressive disorder (MDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 9, 2023
- Citation
- 23001114
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection for unspecified anxiety disorder and major depressive disorder to obtain an adequate medical opinion regarding their etiology.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
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