The Veteran's cervical spine degenerative arthritis and right upper extremity radiculopathy were denied increased ratings as his range of motion did not meet the criteria for higher evaluations.
The deciding factor: The Veteran’s cervical spine degenerative arthritis resulted in a combined range of motion greater than 170 degrees but not greater than 335 degrees, which does not meet the criteria for an evaluation higher than 10 percent. His right upper extremity radiculopathy was rated at 20 percent as it caused mild incomplete paralysis of the middle radicular group.
- Claimed conditions
- Cervical spine degenerative arthritis, Cervical radiculopathy, right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 9, 2023
- Citation
- 23001316
Veterans Law Judge
Decisions by this judge: 845 · Granted: 39% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23001316.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied the Veteran's claims for service connection for a fungal infection of the feet, cervical spine degenerative arthritis, and psychiatric condition due to lack of evidence showing these conditions were incurred or aggravated by service.
- Granted
The Veteran's right upper extremity radiculopathy is granted a 40 percent rating, and the left upper extremity radiculopathy is granted a 30 percent rating. The cervical spine degenerative arthritis does not meet the criteria for a higher than 20 percent rating.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection have been denied. The cervical spine disability is rated as 20 percent prior to May 31, 2024 and 30 percent on and after that date.,PTSD is rated at 50 percent.
- Denied
The Veteran's neck disability, rated at 30 percent, is denied a higher rating as there is no evidence of unfavorable ankylosis or other disabling conditions that would warrant a higher rating.
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