The reduction in the evaluations for left and right upper extremity radiculopathy from 20 percent to noncompensable was improper. The Veteran's cervical spine disability is remanded for a current examination, and TDIU is before the Board.
The deciding factor: The evidence shows that the Veteran’s neurological symptoms of the bilateral upper extremities are mostly attributable to his nonservice-connected carpal tunnel syndrome, but there is some indication of radiculopathy. The reduction in evaluations was improper due to the presence of radiculopathy.
- Claimed conditions
- Left Upper Extremity Radiculopathy, Right Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2019
- Citation
- 19137904
Veterans Law Judge
Decisions by this judge: 2,017 · Granted: 36% (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 19137904.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Denied
The Board denied a rating in excess of 30 percent for the Veteran's left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Granted
An effective date of July 1, 2020 is granted for Total Disability Rating based on Individual Unemployability (TDIU).,An effective date of July 1, 2020 is also granted for basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) due to permanent and total service-connected disabilities.
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