The Veteran's disability ratings for cervical spine IVDS, right upper extremity radiculopathy, and left upper extremity radiculopathy were restored to their previous levels.,An increased disability rating of 40% was granted for degenerative arthritis and disc disease of the lumbar spine from January 10, 2023.
The deciding factor: The reductions in disability ratings for cervical spine IVDS, right upper extremity radiculopathy, and left upper extremity radiculopathy were not based on improvement in the Veteran's ability to function under ordinary conditions of life and work.,From January 10, 2023, the symptoms of the Veteran's degenerative arthritis and disc disease of the lumbar spine more nearly approximated forward flexion of 30 degrees or less when considering flare-ups.
- Claimed conditions
- Cervical Spine Intervertebral Disc Syndrome (IVDS), Right Upper Extremity Radiculopathy, Left Upper Extremity Radiculopathy, Degenerative Arthritis and Disc Disease of the Lumbar Spine, Left Lower Extremity Radiculopathy, Posterior and Anterior Neck Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 26, 2024
- Citation
- A24086033
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 A24086033.
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 denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Partly granted
The Board granted a 50 percent rating for adjustment disorder with mixed anxiety and depressed mood, but denied a compensable rating for hypertension. The claims for cervical strain and left upper extremity radiculopathy were remanded.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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