The reduction from 20 percent to 0 percent for left upper extremity radiculopathy, effective February 1, 2019, was improper. The 20 percent disability evaluation is restored.,Entitlement to a disability rating in excess of 20 percent for left upper extremity radiculopathy from February 15, 2017 to February 18, 2020 is denied and entitlement to a disability rating in excess of 40 percent for left upper extremity radiculopathy from February 19, 2020 is also denied.
The deciding factor: The reduction was improper due to the lack of evidence showing actual improvement in the Veteran's condition.
- Claimed conditions
- left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 28, 2023
- Citation
- 23068054
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 23068054.
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.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- 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.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error and inextricably intertwined issues. Specifically, a new VA medical opinion is needed regarding the etiology of the Veteran's cervical spine disability.
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