The Board has denied a separate compensable rating for right upper extremity cervical radiculopathy as it would result in impermissible pyramiding.
The deciding factor: The Veteran's current rating for his cervical spine disability already compensates him for any associated cervical radiculopathy, prohibiting the award of additional ratings under the old Code 5293 for intervertebral disc syndrome (IVDS).
- Claimed conditions
- Right upper extremity cervical radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 20, 2021
- Citation
- A21020277
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. Read the original VA decision (opens in a new tab) using citation A21020277.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's cervical spine disability, including right and left upper extremity radiculopathies, is granted as service connected. The issues of right and left upper extremity radiculopathy are remanded for further examination.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for right and left upper extremity cervical radiculopathy, finding that the evidence did not support a rating in excess of 40 percent for the right (major) upper extremity and 30 percent for the left (minor) upper extremity.
- Whole decision: Partly granted
The Board denied increased ratings for PTSD, cervical radiculopathy, allergic rhinitis, restless leg syndrome, and migraines but granted a 20 percent rating for undiagnosed illness with symptoms of joint ache and fatigue. Service connection was also denied for chronic sinusitis.
- Whole decision: Denied
The Board denied higher ratings for the Veteran's cervical spine degenerative disc disease and bilateral upper extremity cervical radiculopathy as there was no evidence of unfavorable ankylosis or other criteria that would warrant a higher rating.
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