The Board found clear and unmistakable error in the assignment of a separate rating for right upper extremity radiculopathy, which was already contemplated in the evaluation assigned for cervical spine IVDS under DC 5243. The Veteran's entitlement to a separate compensable evaluation for right upper extremity radiculopathy is denied.
The deciding factor: The assignment of a separate rating for right upper extremity radiculopathy constituted impermissible pyramiding due to the statutory or regulatory provisions existing at the time being incorrectly applied, resulting in CUE.
- Claimed conditions
- right upper extremity radiculopathy, cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 28, 2023
- Citation
- 23024749
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 23024749.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
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