This decision grants effective dates of September 28, 2017, but no earlier, for service connection for radiculopathy of the right and left upper extremities. The Veteran's claim for a 20% rating for degenerative arthritis of the cervical spine is denied as it cannot be determined that an increase in disability occurred prior to July 3, 2018.
The deciding factor: The evidence does not show findings warranting an increased rating for the Veteran's cervical spine disability itself and he specifically denied any functional impairment associated with his neck pain. However, radiculopathy was present within one year of receipt of the claim.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 19, 2024
- Citation
- 24002946
Veterans Law Judge
Decisions by this judge: 352 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24002946.
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 for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's cervical spine disability and radiculopathy of both upper extremities have been granted increased ratings, with the left upper extremity receiving a higher rating due to more severe symptoms.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative arthritis of the lumbar and cervical spine are being remanded due to a pre-decisional duty to assist error. The AOJ is directed to obtain an addendum medical opinion that addresses the extent of flareups experienced by the Veteran.
- Remanded (sent back)
Service connection for degenerative arthritis of the cervical spine and anxiety is granted. The Veteran's right lower extremity radiculopathy, right knee condition, and OSA are remanded due to duty-to-assist errors.
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