The Veteran's cervical spine fusion is granted with a 30 percent evaluation prior to June 3, 2022. The increased evaluations for the right upper extremity radiculopathy and SMC based on aid and attendance or housebound status are denied.
The deciding factor: The evidence shows that the Veteran's cervical spine fusion meets the criteria for a 30 percent evaluation prior to June 3, 2022. The other issues were not met due to lack of supporting evidence.
- Claimed conditions
- Cervical Spine Fusion, Right Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 7, 2023
- Citation
- 23043843
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 23043843.
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 service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy due to inadequate examinations. The Veteran is required to undergo new VA examinations to assess her current and retrospective severity of these disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection due to issues being inextricably intertwined with the character of discharge determination. The Veteran's mental state at the time of misconduct is also under examination.
- Granted
The Veteran is granted a TDIU and SMC for statutory housebound due to service-connected disabilities, including anxiety disorder, degenerative arthritis of the cervical spine, right upper extremity radiculopathy, and left upper extremity radiculopathy. The combined rating is at least 100 percent.
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