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, the evidence is at least in equipoise as to whether he met criteria for a higher evaluation.,Prior to June 28, 2021, the Veteran's cervical spine disability was manifested by forward flexion of 35 degrees and muscle spasm resulting in abnormal gait or spinal contour. Beginning that date, his disability was manifested by forward flexion of 55 degrees with muscle spasm.
The deciding factor: The evidence is at least in equipoise as to whether the Veteran's right upper extremity radiculopathy met criteria for a higher evaluation from June 28, 2021.
- 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.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted a total disability rating based on individual unemployability.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
- Granted
The Veteran's right upper extremity radiculopathy is granted a 40 percent rating, and the left upper extremity radiculopathy is granted a 30 percent rating. The cervical spine degenerative arthritis does not meet the criteria for a higher than 20 percent rating.
- Granted
The Board has granted earlier effective dates of November 14, 2016 for the service connection of right upper extremity radiculopathy and left lower extremity radiculopathy as secondary to service-connected neck condition and lumbosacral strain, respectively.
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