The Veteran's right upper extremity radiculopathy was not manifested by symptoms of greater than slight incomplete paralysis prior to June 28, 2021. From that date onwards, the evidence is at least in equipoise as to whether he met the criteria for a higher evaluation of 40 percent.,The Veteran's cervical spine disability did not meet the criteria for a rating greater than 10 percent prior to June 28, 2021. Beginning that date, his disability was manifested by forward flexion at worst of 55 degrees and with muscle spasm resulting in abnormal gait or spinal contour.
The deciding factor: The evidence is not sufficient to determine whether the Veteran's symptoms met the criteria for a higher evaluation prior to June 28, 2021. Beginning that date, his disability was manifested by forward flexion at worst of 55 degrees and with muscle spasm resulting in abnormal gait or spinal contour.
- Claimed conditions
- Right upper extremity radiculopathy, Degenerative arthritis cervical spine with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2021
- Citation
- 21070778
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 21070778.
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 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.
- Partly granted
The Board granted a 40 percent rating for the cervical spine disability, a 30 percent rating for left upper extremity radiculopathy, and restored a 40 percent rating for right upper extremity radiculopathy.
- Partly granted
The Board denied an initial compensable rating for a residual scar from cervical fusion on the basis of disfigurement and granted an initial 10 percent rating based on pain. The Board also denied initial ratings in excess of 20 percent for intervertebral disc syndrome of the cervical spine with spinal fusion and stenosis, as well as right and left upper extremity radiculopathy.
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