The Veteran's cervical spine disability and bilateral upper extremity radiculopathies are currently rated at the minimum levels, with no higher ratings assignable under any applicable diagnostic codes.
The deciding factor: The evidence does not support a finding of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings based on those criteria. The Veteran's disability is already assigned the maximum schedular evaluation available for limitation of motion and orthopedic manifestations, as well as associated neurological impairment.
- Claimed conditions
- Cervical spine disability, Right upper extremity radiculopathy, Left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2020
- Citation
- 20065525
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.
- Denied
The Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the appeal for additional development, including a retrospective opinion regarding range of motion during flare-ups and requesting evidence pertaining to the Veteran's annual income prior to January 2010.
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