The Veteran's chronic cervical strain and upper extremity radiculopathy were evaluated, with the Board finding that a higher rating was warranted for his cervical strain but not for his radiculopathies. The issues of increased ratings for these conditions are remanded.
The deciding factor: The evidence did not support a finding of incapacitating episodes as defined by IVDS criteria, thus the Veteran's disability must be evaluated under the General Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Chronic Cervical Strain, Left Upper Extremity Radiculopathy, Right Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2023
- Citation
- 23002272
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 23002272.
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.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Denied
The Board denied a rating in excess of 30 percent for the Veteran's left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Granted
An effective date of July 1, 2020 is granted for Total Disability Rating based on Individual Unemployability (TDIU).,An effective date of July 1, 2020 is also granted for basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) due to permanent and total service-connected disabilities.
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