The Veteran's radiculopathy of the right lower extremity and cervical spine disability have been granted, but his request for a higher rating for degenerative arthritis, right knee has been denied. Separate ratings for right knee instability are granted, but he is still seeking an earlier effective date.
The deciding factor: The evidence does not support current diagnoses or sufficient connection to service for radiculopathy of the right lower extremity and cervical spine disability.
- Claimed conditions
- Radiculopathy of the right lower extremity, Cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 18, 2023
- Citation
- 23056705
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 23056705.
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 extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
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