The reduction of the rating from 20 percent to noncompensable for radiculopathy of the right upper extremity, effective June 1, 2012 was improper and restored a 20 percent rating. The issue of an increased rating for right shoulder impingement is remanded.
The deciding factor: The reduction of the rating from 20% to noncompensable for radiculopathy of the right upper extremity, effective June 1, 2012 was not proper due to a failure to establish actual improvement in the Veteran's ability to function under ordinary conditions.
- Claimed conditions
- Radiculopathy of the right upper extremity, Right shoulder impingement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 30, 2019
- Citation
- 19158873
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 19158873.
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.
- Granted
The Veteran's cervical spine disability and radiculopathy of both upper extremities have been granted increased ratings, with the left upper extremity receiving a higher rating due to more severe symptoms.
- Granted
The Veteran's claims for service connection for degenerative arthritis of the cervical spine, left shoulder impingement, right shoulder impingement, bilateral plantar fasciitis, and left upper extremity radiculopathy have all been granted. A separate rating is also granted for left upper extremity radiculopathy.
- Dismissed
The Veteran's appeals for a Total Disability Rating Based on Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA) prior to February 11, 2021 are dismissed as the issues remain pending in the Legacy system.
- Denied
The Veteran's claims for service connection for a cervical spine disorder and radiculopathy of the right upper extremity were denied due to lack of new and material evidence.,The effective date for the grant of service connection for these conditions was not earlier than April 22, 2016.
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