The Veteran's neck disability is granted a 30 percent rating from July 29, 2011 to November 30, 2015. The initial 20 percent rating for left lower extremity radiculopathy and the initial 50 percent rating for sinusitis are granted effective December 14, 2013 and November 10, 2020 respectively. TDIU is denied prior to September 3, 2010 and dismissed from September 3, 2010 onwards.
The deciding factor: The Veteran's neck disability was found to have forward flexion of the cervical spine at least 15 degrees but less than 45 degrees, which meets the criteria for a 30 percent rating under DC 5242. The initial 20 percent rating for left lower extremity radiculopathy and the initial 50 percent rating for sinusitis were granted based on their respective diagnostic codes.
- Claimed conditions
- Degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- April 28, 2023
- Citation
- 23024766
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 23024766.
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.
- Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbar spine disabilities prior to October 22, 2008 are being remanded due to the need for additional retrospective medical opinions.
- Denied
The Board denied the Veteran's claim for service connection of degenerative disc disease of the cervical spine, finding that the evidence did not support a link between the condition and service.
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