The Veteran's cervical spine disability, including degenerative arthritis and ankylosing spondylitis, is rated at 20% throughout the appeal period. Separate ratings of 40% for right upper extremity radiculopathy and 20% for left upper extremity radiculopathy are also granted.
The deciding factor: The Veteran's cervical spine disability met the criteria for a 20% evaluation under Diagnostic Code 5237, with forward flexion of the cervical spine greater than 15 degrees but not greater than 40 degrees and muscle spasm noted on examination.
- Claimed conditions
- Cervical spine degenerative arthritis, Ankylosing spondylitis, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 27, 2023
- Citation
- 23005462
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 23005462.
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 Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- 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.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- 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.
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