The Board granted a 40 percent rating for left upper extremity radiculopathy and a 30 percent rating for right upper extremity radiculopathy, finding the evidence to be in equipoise as to whether the Veteran's disability manifested in mild or moderate incomplete paralysis.
The deciding factor: The evidence showed slight impairment of motor functions, sensory disturbance, constant moderate pain, and intermittent severe pain, which was most analogous to moderate incomplete paralysis under DC 8511.
- Claimed conditions
- left upper extremity radiculopathy, right upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 7, 2025
- Citation
- A25031675
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.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- 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.
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