The Board has granted the Veteran's claims for restoration of his former 20 percent ratings for left and right upper extremity radiculopathy disabilities associated with cervical spine disability, effective December 1, 2018. The TDIU claim is also granted.
The deciding factor: The evidence did not support the finding that any improvement in the Veteran's upper extremity radiculopathy disabilities was reasonably certain to be maintained under ordinary conditions of life and work.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Intervertebral Disc Syndrome (IVDS) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 7, 2023
- Citation
- 23049554
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 23049554.
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 appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied a rating in excess of 20 percent for degenerative disc disease (DDD) of the cervical spine and a rating in excess of 10 percent for radiculopathy of the left lower extremity prior to June 3, 2022.
- Denied
The Board denied the Veteran's claims for increased ratings for IVDS of the cervical spine and right shoulder strain, as the evidence did not support a higher rating based on the current disability picture.
- Granted
The Board granted an increased disability rating of 60 percent, but no higher, from July 1, 1995 to July 1, 1996, for IVDS of the cervical spine.
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