The Board has determined that the severance of service connection for left and right upper extremity radiculopathy was improper, as there is not clear and unmistakable evidence that the criteria for evaluating cervical spine intervertebral disc syndrome based on incapacitating episodes contemplates associated neurological manifestations. As a result, the Veteran's separate 20% disability ratings for bilateral upper extremity radiculopathy are restored.
The deciding factor: The Board found that the prior rating decision did not contain clear and unmistakable evidence of error in assigning initial 20% disability ratings for right and left upper extremity radiculopathy, as separate evaluations were appropriate under the revised criteria for evaluating intervertebral disc syndrome (IVDS).
- Claimed conditions
- Cervical Spine Intervertebral Disc Syndrome, Left Upper Extremity Radiculopathy, Right Upper Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 9, 2024
- Citation
- A24053971
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 A24053971.
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.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Denied
The Board denied a rating in excess of 30 percent for the Veteran's left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Granted
An effective date of July 1, 2020 is granted for Total Disability Rating based on Individual Unemployability (TDIU).,An effective date of July 1, 2020 is also granted for basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) due to permanent and total service-connected disabilities.
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