The appeal for service connection for bilateral upper extremity radiculopathy was dismissed, while the claim for a cervical spine disability was granted. Other claims were remanded for further development.
The deciding factor: The cervical spine disability was related to an in-service injury, and the Veteran's testimony supported this link. The other claims required additional evidence due to conflicting medical opinions and lack of clear etiology.
- Claimed conditions
- bilateral upper extremity radiculopathy, cervical spine disability, right ankle disability, left ankle disability, left knee disability, right knee disability, disability manifested by dizziness and poor balance (claimed as due to in-service exposure to Otto Fuel II or asbestos), heart condition (claimed as due to in-service exposure to Otto Fuel II or asbestos), obstructive sleep apnea (claimed as due to in-service exposure to Otto Fuel II or asbestos), sinus disorder (claimed as congestion and rhinitis) (claimed as due to in-service exposure to Otto Fuel II or asbestos), respiratory disorder (claimed as difficulty breathing) (claimed as due to in-service exposure to Otto Fuel II or asbestos)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002725
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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