The Board denied an effective date prior to September 25, 2018, for the award of a separate rating for RUE radiculopathy and remanded claims for initial ratings in excess of 20 percent for RUE radiculopathy and a separate rating for LUE radiculopathy associated with degenerative disc disease of the cervical spine.
The deciding factor: The Board found that it is not factually ascertainable that the Veteran's service-connected cervical spine degenerative disc disease resulted in an associated objective neurologic abnormality of RUE radiculopathy prior to September 25, 2018.
- Claimed conditions
- Radiculopathy, Right Upper Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2025
- Citation
- 25007858
Veterans Law Judge
Decisions by this judge: 1,676 · Granted: 24% (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 25007858.
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.
- Remanded (sent back)
The Veteran's PTSD is currently rated at 70 percent, but the evidence does not support a higher rating due to occupational and social impairment with deficiencies in most areas.,The Veteran's cervical spine disability is currently rated at 10 percent. The evidence does not support a higher rating as there has been no significant change in his symptoms within the appeal period.
- Denied
The Board denied a rating in excess of 70 percent for PTSD, finding that the Veteran's symptoms did not meet the criteria for a higher rating.
- Partly granted
The Board granted an initial rating of 70 percent for PTSD prior to November 4, 2021, and a 50 percent rating for radiculopathy in the right upper extremity. The claims for higher ratings were denied.
- Partly granted
The Board denied service connection for COPD and radiculopathy of the right upper extremity, but remanded claims for an initial rating in excess of 30 percent for PTSD, left ear hearing loss, right ear hearing loss, and ventral hernia as residuals of colon cancer.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.