The Board has determined that the reductions in ratings for RUE and LUE radiculopathy from February 9, 2021 were not proper due to inadequate examination. The Veteran's upper extremities radiculopathy conditions are remanded for a new VA examination to assess their current severity throughout the appeal period.
The deciding factor: The Board found that the February 2021 examination was inadequate and did not address the severity, flare-ups, and functional impairment of the Veteran's upper extremities radiculopathy. Therefore, a new examination is required to properly evaluate the Veteran's bilateral upper extremity radiculopathy symptoms.
- Claimed conditions
- RUE radiculopathy, LUE radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2024
- Citation
- A24080910
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 A24080910.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's appeal for increased ratings and service connection claims were denied. The rating in excess of 30 percent for major depressive disorder with anxious distress and alcohol use disorder was denied, as the symptoms did not meet the criteria for a higher rating. Hypertension and allergic rhinitis were also denied as they did not meet the required diagnostic criteria.
- Granted
The Veteran's RUE and LUE radiculopathy are granted as secondary to his service-connected cervical spine disability, effective June 7, 2019.
- Denied
The Board denied the Veteran's claims for increased ratings for RUE radiculopathy with right-hand CTS, finding that her symptoms prior to September 21, 2012, most nearly approximated mild, incomplete paralysis and as of September 21, 2012, most nearly approximated moderate, incomplete paralysis. The Veteran was not granted any increased ratings.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) more than a year after the relevant rating decisions were issued.
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