The Veteran's appeal for an earlier effective date of February 6, 2011, but no earlier, for the assignment of a 40 percent rating for right upper extremity radiculopathy with carpal tunnel syndrome is granted. The appeals for increased ratings and service connection are denied.
The deciding factor: The Veteran's disability underwent a factually ascertainable increase in severity in February 2011, as evidenced by the April 2011 treatment note that indicates bilateral upper extremity numbness and tingling for the previous two months.
- Claimed conditions
- right upper extremity radiculopathy with carpal tunnel syndrome, left upper extremity radiculopathy, scar, right wrist, status post carpal tunnel release
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 23, 2024
- Citation
- 24003367
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.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Granted
The Board granted an initial rating of 50 percent for right upper extremity radiculopathy and 40 percent for left upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
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.