The appellant is entitled to a higher initial evaluation of 20 percent for C6-7 radiculopathy of the left upper extremity and musculocutaneous neuropathy of the right upper extremity, prior to July 12, 2012.,The appellant is also entitled to an initial evaluation in excess of 10 percent for radiculopathy of the right and left lower extremities.
The deciding factor: The VA examination reports from October 2009 and July 2012 provided findings that supported a higher rating based on the severity of the appellant's symptoms, which were consistent with the criteria set forth in the applicable diagnostic codes.
- Claimed conditions
- Traumatic Brain Injury (TBI) Residuals, Sleep Disorder, to include Sleep Apnea, Lumbar Strain, Posttraumatic Stress Disorder (PTSD) with Depression, C6-7 Radiculopathy of the Left Upper Extremity, C6-7 Radiculopathy of the Right Upper Extremity, Musculocutaneous Neuropathy of the Right Upper Extremity, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 21, 2014
- Citation
- 1407593
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 1407593.
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.
- Granted
The Veteran's generalized anxiety disorder, hearing loss, and tinnitus are all granted service connection.,Service connection for GERD is also granted as secondary to the Veteran's service-connected generalized anxiety disorder.
- Granted
The Veteran is granted a TDIU from October 12, 2016 to November 12, 2018 and from January 1, 2019 to July 22, 2019 due to service-connected disabilities preventing him from securing or following any substantially gainful occupation.
- Dismissed
The Board has dismissed the appeals for discontinuance of TDIU, reduction of disability rating for acquired psychiatric disorder, and reduction of disability rating for radiculopathy of the left lower extremity due to lack of response from the Veteran within the required timeframe.
- Granted
The Veteran's TBI residuals, including migraines and depressive disorder with anxious distress, are rated at 50 percent effective February 9, 2017. An earlier effective date of April 29, 2019, for SMC due to loss of use of a creative organ is granted.
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