The Veteran's cervical spine disability is rated at 30 percent, effective from the date of the decision. A separate 20 percent rating for sleep impairment and muscle atrophy due to cervical spine disability is granted. Right upper extremity radiculopathy prior to November 8, 2016, is also granted a 40 percent rating.
The deciding factor: The Veteran's cervical degenerative joint and disc disease more nearly approximates the criteria for a 30 percent rating based on forward flexion of the cervical spine to 15 degrees or less. The right upper extremity radiculopathy prior to November 8, 2016, is manifested by no more than moderate incomplete paralysis of the major extremity.
- Claimed conditions
- Degenerative Joint and Disc Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 25, 2023
- Citation
- 23053135
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 23053135.
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.
- Granted
The Veteran's claim of service connection for a neck condition was granted, and he is now entitled to a 10 percent rating for his degenerative joint and disc disease of the cervical spine. Other claims were remanded.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings and initial ratings are remanded due to inadequate consideration of extraschedular criteria, lack of discussion regarding marked interference with employment, and need for additional examinations. The case is being referred back to the Director of Compensation Service for further review.
- Denied
The Board denied the Veteran's claim of service connection for degenerative joint and disc disease of the cervical spine, finding that there is no evidence to support a link between his current condition and service.
- Granted
The Veteran's appeal for increased ratings and service connection has been granted. He was previously awarded a 30% rating for PTSD effective July 28, 2011.
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.