The Board has remanded the claims for additional examination and review of medical records to determine if ratings in excess of those granted could be awarded due to new evidence showing additional clinical findings and diagnoses relevant to the Veteran's claim.
The deciding factor: New private treatment records show additional clinical findings and diagnoses relevant to the Veteran's cervical radiculopathy disability, including ulnar neuropathy, demyelinating process, snapping thumb and trigger thumb syndrome, and right adhesive capsulitis shoulder. The November 2022 VA examination presented inconsistent assessments of the right upper extremity assessment.
- Claimed conditions
- Cervical radiculopathy, Ulnar neuropathy, Demyelinating process, Snapping thumb and trigger thumb syndrome, Right adhesive capsulitis shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2023
- Citation
- 23025650
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 23025650.
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 Board has granted separate ratings of 30 percent for left upper extremity cervical radiculopathy and 40 percent for right upper extremity cervical radiculopathy, effective March 16, 2017.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to her service-connected disabilities, finding that she was not unable to secure or follow a substantially gainful occupation consistent with her education and work history.
- Granted
The Veteran's ratings for cervical radiculopathy in both upper extremities were reduced from 40% and 30%, respectively, to 20%. The Board found that the procedural requirements for reduction of disability ratings were not properly followed and restored the original ratings.
- Denied
The Veteran's ulnar neuropathy of the right and left upper extremities prior to January 14, 2016 was not shown to have manifested in more than mild incomplete paralysis. Therefore, initial disability ratings in excess of 10 percent are denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.