The Board granted a 30 percent rating for degenerative arthritis of the cervical spine, and 20 percent ratings for left lower extremity radiculopathy and right knee degenerative arthritis. The claim for a higher rating for degenerative disc disease with degenerative arthritis and spondylolisthesis was denied, as well as the TDIU.

The deciding factor: The evidence is at least evenly balanced as to whether the Veteran's neck disability symptomatology more nearly approximates forward flexion of the cervical spine 15 degrees or less but unfavorable ankylosis of the cervical spine was not more nearly approximated. The Veteran's left lower extremity radicopathy and right knee symptoms were found to be moderate incomplete paralysis, warranting a 20 percent rating.

Claimed conditions

Degenerative arthritis of the cervical spine, Left lower extremity radiculopathy, Right knee degenerative arthritis, Degenerative disc disease with degenerative arthritis and spondylolisthesis

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

30%

Decision date

February 4, 2025

Citation

A25010024

Want to see how appeals like this one tend to go? Appeals like mine