The Veteran's claim for a higher rating for herniated nucleus pulposus with degenerative disc disease was denied.,Claims for increased ratings for right ulnar neuropathy and left upper extremity neuropathy were also denied prior to August 24, 2016. However, the claims were granted as of that date.
The deciding factor: The evidence did not show forward flexion of the thoracolumbar spine at 30 degrees or less, nor favorable ankylosis of the entire thoracolumbar spine.,There was no objective finding of severe incomplete paralysis in either upper extremity after January 31, 2012.
- Claimed conditions
- herniated nucleus pulposus with degenerative disc disease, right ulnar neuropathy, left upper extremity neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 17, 2018
- Citation
- 18127490
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 18127490.
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.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected disabilities, including SMC based on loss of use of the bilateral upper and lower extremities, as well as rating increases for various neuropathies. The AOJ is instructed to obtain an adequate opinion regarding whether the Veteran's service-connected conditions have manifested with the loss of use of his hands, legs, and feet.
- Dismissed
The Veteran's appeal for TDIU, left upper extremity neuropathy, and right shoulder rotator cuff strain has been dismissed.,The Veteran's appeals for a higher rating for left upper extremity neuropathy and right shoulder rotator cuff strain have been dismissed.,The Veteran's appeal for a higher rating for right shoulder rotator cuff strain has been dismissed.,A 20 percent rating is granted for right lower extremity radiculopathy.,A 20 percent rating is granted for left lower extremity radiculopathy.,The 40 percent rating for chronic lumbar strain with degenerative disc disease was reduced to 20 percent, and the reduction has been restored.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of the left upper extremity is remanded due to inadequate examination and opinion regarding her service-connected disabilities.
- Granted
The Veteran's diabetes mellitus type 2 and associated neuropathy in both upper and lower extremities are granted with a 60 percent disability rating, effective October 21, 2019.
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