The Veteran's service connection for cervical spine disability, bilateral upper extremity radiculopathy, and migraine headaches has been granted. The separate rating for hypertension was properly discontinued due to CUE in the January 2013 rating decision. An earlier effective date of April 13, 2016, is granted for service connection for renal failure with hypertension.
The deciding factor: The VA found that there was clear and unmistakable error (CUE) in assigning a separate rating for hypertension under DC 7101 due to the Veteran's aortic condition. As such, the previous rating decision was vacated, and an earlier effective date of April 13, 2016, is granted for service connection for renal failure with hypertension.
- Claimed conditions
- cervical spine disability, bilateral upper extremity radiculopathy, migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 14, 2023
- Citation
- 23009298
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 23009298.
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 remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
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.