The Veteran's cervical spine disability, including sprain, degenerative disc disease, and intervertebral disc syndrome, is rated at 20 percent from February 25, 2020. Separate ratings of 20 percent are granted for left and right upper extremity radiculopathy associated with the cervical spine disability, both effective February 17, 2022.
The deciding factor: The Veteran's cervical spine disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic code. The evidence shows that forward flexion of the cervical spine was to at least 30 degrees and there is no ankylosis. The separate ratings for upper extremity radiculopathy are granted as they manifest mild incomplete paralysis.
- Claimed conditions
- Cervical spine sprain, Degenerative disc disease, Intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 21, 2023
- Citation
- 23017464
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 23017464.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
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