The Veteran's left and right upper extremity neuropathy are granted with initial ratings of 30% and 40%, respectively, effective April 13, 2010. The cervical spine disability is remanded for further examination to determine the appropriate rating.
The deciding factor: The VA examiner could not provide an opinion on additional functional loss during flare-ups without resorting to speculation due to a lack of information in the record regarding the Veteran's flare-ups and their impact on her cervical spine symptoms.
- Claimed conditions
- left upper extremity neuropathy, right (dominant) upper extremity neuropathy, cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19145104
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.
- 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.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Denied
The Board denied the veteran's claims for service connection for left and right upper extremity neuropathy, finding that there was no evidence of these conditions during service or within a reasonable time thereafter, and that they were not caused by toxic exposure or any other in-service event.
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