The Veteran's claims for increased ratings for radiculopathy of the right lower and upper extremities have been denied as his conditions do not meet the criteria for a higher disability rating under the applicable diagnostic codes.
The deciding factor: The VA examinations did not show any evidence of moderate paralysis or severe incomplete paralysis, which are required for higher disability ratings under Diagnostic Codes 8520 and 4.124a (for radiculopathy of the upper extremities).
- Claimed conditions
- Radiculopathy of the Right Lower Extremity, Radiculopathy of the Right Upper Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 15, 2010
- Citation
- 1014361
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. Read the original VA decision (opens in a new tab) using citation 1014361.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board found that the evidence did not show an actual improvement in the Veteran's conditions, and thus denied the reduction requests for his service-connected disabilities.
- Whole decision: Granted
The Veteran's low back disability is granted service connection.,Service connection for radiculopathy of the left and right lower extremities are also granted.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for degenerative disc disease with spinal stenosis, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.
- Whole decision: Partly granted
The Board denied increased ratings for the Veteran's back disability, radiculopathy of both lower extremities, limitation of pronation and flexion of the right elbow, and scarring, but granted a 40 percent rating from March 26, 2024 to September 17, 2024.
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