The Veteran's radiculopathy of the right upper extremity is granted a rating of 40 percent, but not higher, prior to April 10, 2018. A rating in excess of 40 percent for this condition from April 10, 2018 is denied. The Veteran's degenerative arthritis and degenerative joint disease are remanded for further development.
The deciding factor: The Board found that the evidence did not meet the criteria for a higher rating prior to April 10, 2018 but noted that additional development was needed for the remaining issues.
- Claimed conditions
- radiculopathy of the right upper extremity, degenerative arthritis of the lumbar spine (back disability), degenerative joint disease of the cervical spine (neck disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2019
- Citation
- 19119271
Veterans Law Judge
Decisions by this judge: 1,506 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19119271.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, in combination, render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.
- Granted
The Veteran's cervical spine disability is granted as service connected.,The Veteran's radiculopathy of the right upper extremity, secondary to a cervical spine disability, is also granted as service connected.,The Veteran's right wrist disability and left knee disabilities are remanded for further development.,The Veteran's right ankle disability is remanded for further development.,The Veteran's vitamin D deficiency is remanded for further development.
- Denied
The Veteran's radiculopathy of the right upper extremity is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 8511.,The Veteran's radiculopathy of the left upper extremity is currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 8511.,The Veteran's TMJ disorder is currently rated at 20 percent.
- Denied
The Veteran's service-connected disabilities do not render him so helpless as to be in need of regular aid and attendance of another person, nor does he have a single service-connected disability rated at 100 percent with additional service-connected disability or disabilities independently ratable at 60 percent. The Board finds that the Veteran is able to perform most of his activities of daily living independently.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.