The veteran's service-connected radiculopathy of the right upper extremity is currently rated at 40 percent disabling, which represents the maximum rating available under Diagnostic Code 8513. The claims for increased ratings for migraine headaches and degenerative disc disease of the cervical spine remain denied.
The deciding factor: The veteran's service-connected radiculopathy does not meet or approximate the criteria for a higher evaluation as it is currently rated at the maximum allowable under the applicable diagnostic code.
- Claimed conditions
- Radiculopathy of the Right Upper Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 12, 2008
- Citation
- 0827107
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 0827107.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cervical spine disability, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity have been granted initial ratings. The Veteran has also been granted a total disability rating based on individual unemployability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various knee and hip disorders, as well as radiculopathy of the upper extremities. The issues are related to whether these conditions are at least as likely as not related to service.
- Denied
The Board has determined that the Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to July 30, 2021.
- Granted
The Veteran's claim for a higher initial rating for cervical spine degenerative disc disease is granted, and the claims for sinusitis, cervical spine radiculopathy, left upper extremity radiculopathy, and left ankle arthritis are remanded.
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