The Board granted service connection for degenerative arthritis of the cervical spine, radiculopathy of both upper extremities, degenerative arthritis of the thoracolumbar spine with IVDS, and radiculopathy of both lower extremities.
The deciding factor: The evidence is at least in equipoise that the Veteran's cervical spine disability and associated radiculopathies are related to service. The Board finds that the evidence is at least in equipoise as to whether the Veteran's lumbar spine disability and associated radiculopathies are related to service.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Radiculopathy of the left upper extremity, Radiculopathy of the right upper extremity, Degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome (IVDS), Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 30, 2024
- Citation
- 24004497
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.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Denied
The Board denied the Veteran's claims that five prior rating decisions were products of clear and unmistakable error. The Board found that the Veteran's arguments constituted disagreements with how the Agency of Original Jurisdiction weighed evidence in final prior decisions, which cannot rise to the level of valid CUE claims.
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