The Veteran's claim for an increased rating for headaches was denied as there was no evidence of sustained and material improvement in his condition.,The Veteran's claim for an increased rating for right upper extremity radiculopathy was denied as the evidence did not show severe incomplete paralysis, warranting a higher rating.,The reduction from 40 percent to 20 percent for left upper extremity radiculopathy was upheld based on improvement in symptoms and sustained over five years.
The deciding factor: The Veteran failed to show good cause for failing to report to the August 2016 VA examination, which resulted in a denial of his claim for an increased rating for headaches.,Right upper extremity radiculopathy did not meet criteria for a higher rating as there was no evidence of severe incomplete paralysis or complete paralysis.,The reduction from 40 percent to 20 percent for left upper extremity radiculopathy was proper due to improvement in symptoms and sustained over five years.
- Claimed conditions
- headaches, right upper extremity radiculopathy, left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 8, 2019
- Citation
- 19101830
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claim for an increased initial disability evaluation of headaches due to an inadequate VA examination.
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