The Board granted service connection for cervical degenerative arthritis and status post cervical fusion with cervical radiculopathy of the bilateral upper extremities, finding that these conditions are related to the Veteran's active service.
The deciding factor: The private medical opinion from Dr. S.R.B. supported a direct link between the Veteran's in-service injury and his current neck disability, while the VA examiner's opinion was found inadequate due to its reliance on the absence of evidence rather than considering the Veteran's lay statements.
- Claimed conditions
- cervical degenerative arthritis, status post cervical fusion with cervical radiculopathy of the bilateral upper extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2024
- Citation
- 24002225
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for thoracolumbar degenerative arthritis and lumbar intervertebral disc degeneration, cervical degenerative arthritis, left shoulder acromioclavicular joint degeneration, right hip strain, anxiety as secondary to the Veteran's back condition, and depression as secondary to the Veteran's back condition. The claims for service connection for a left knee condition and a right knee condition were denied.
- Granted
The Board granted service connection for cervical degenerative arthritis, cervical radiculopathy of both upper extremities, thoracolumbar degenerative arthritis, and lumbar radiculopathy of both lower extremities based on the evidence showing that these conditions began during and have continued since service.
- Partly granted
The appeal was granted for service connection of left ear hearing loss and OSA, but denied for hepatic steatosis. Several claims were remanded.
- Granted
The Board granted service connection for cervical degenerative arthritis and right and left upper extremity cervical radiculopathy for accrued benefits purposes, finding that the Veteran's neck manifestations began during and have continued since service and were at least as likely as not caused by service.
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.