The Board denied an initial rating in excess of 50 percent for a UDD, granted a 30 percent disability rating for degenerative arthritis of the cervical spine effective from May 2, 2018, and denied increased ratings for radiculopathy of both upper extremities.
The deciding factor: The Veteran's symptoms did not meet the criteria for higher ratings due to their impact on occupational and social functioning, but they were sufficient to warrant a 30 percent rating for degenerative arthritis of the cervical spine effective from May 2, 2018.
- Claimed conditions
- Unspecified depressive disorder (UDD), Degenerative arthritis of the cervical spine, Radiculopathy of the left upper extremity, Radiculopathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066057
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 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.
- 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.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
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