The Board has decided to remand the Veteran's claims for initial ratings in excess of 30 and 40 percent for right and left upper extremity radiculopathy due to inadequate December 2020 VA opinion, failure to provide reasons or bases explaining subjective terms of degree, and lack of VA treatment records from July 2013 to present. The AOJ is instructed to obtain updated VA treatment records and notify the Veteran if they are unavailable.
The deciding factor: The Board found that the December 2020 VA opinion was inadequate as it did not explain why it could not indicate the degree of paralysis in the affected nerves nor obtained all tests that reasonably illuminated the medical analysis. The AOJ is also instructed to obtain treatment records from Martin Army Community Hospital and TriCare.
- Claimed conditions
- Right upper extremity radiculopathy, Left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 2, 2023
- Citation
- 23042335
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 23042335.
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.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disability with left upper extremity radiculopathy, finding that there was no evidence of an in-service injury or chronic condition. The Board concluded that the Veteran did not meet the criteria for direct service connection.
- 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.
- Granted
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance due to service-connected disabilities has been granted. The Board found that the Veteran requires assistance with eating, dressing, hygiene needs, medication management, housekeeping, meal preparation, and laundry.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
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