The Veteran's right upper extremity radiculopathy is currently rated at 40 percent, which represents the maximum schedular evaluation for this condition.,The Veteran's left foot hallux valgus and osteoarthritis of the first metatarsophalangeal joint (bilateral) are both rated at 10 percent each.
The deciding factor: The evidence does not support a finding of severe incomplete paralysis to warrant a higher rating for right upper extremity radiculopathy, and the Veteran's left foot hallux valgus and osteoarthritis do not meet the criteria for a higher rating under Diagnostic Codes 5280 or 5003.
- Claimed conditions
- Right upper extremity radiculopathy, Left foot hallux valgus and osteoarthritis of the first metatarsophalangeal joint (bilateral)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 6, 2024
- Citation
- A24072495
Veterans Law Judge
Decisions by this judge: 1,820 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24072495.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates on all issues related to his service-connected conditions.
- Granted
The Veteran's right upper extremity radiculopathy is granted a 40 percent rating, and the left upper extremity radiculopathy is granted a 30 percent rating. The cervical spine degenerative arthritis does not meet the criteria for a higher than 20 percent rating.
- Granted
The Board has granted earlier effective dates of November 14, 2016 for the service connection of right upper extremity radiculopathy and left lower extremity radiculopathy as secondary to service-connected neck condition and lumbosacral strain, respectively.
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