The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) prior to January 1, 2008, and remanded the claims for increased ratings for cervical spine osteoarthritis and radiculopathy of both upper extremities.
The deciding factor: The decision was based on the Veteran's last full-time employment date and the inadequacy of recent VA examinations in assessing the severity of his conditions.
- Claimed conditions
- osteoarthritis of the cervical spine, radiculopathy of the right upper extremity, radiculopathy of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2021
- Citation
- 21063067
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 the Veteran's claim for eligibility for assistance in acquiring specially adapted housing or special home adaptation grant as he does not have a permanent and total service-connected disability that meets the criteria.
- Partly granted
The Board granted service connection for cervical strain with degenerative arthritis and IVDS, radiculopathy of the left and right upper extremities, but denied service connection for left knee strain with shin splints, thoracolumbar strain with IVDS, left shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis, right shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis with calcific tendinitis, and tinnitus.
- Granted
The Board granted service connection for a cervical spine disability, radiculopathy of the left upper extremity, low back disability, and radiculopathy of both lower extremities as secondary to the low back disability.
- Denied
The Board denied service connection for fatigue, traumatic brain injury (TBI), gastroesophageal reflux disease (GERD), left wrist disability, cervical spine disability, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity as there was no evidence to support a current diagnosis or that these conditions were related to service.
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