The Board granted eligibility for direct payment of fees from past due benefits awarded in the portion of a May 2023 rating decision granting service connection for a neck disorder and left upper extremity radiculopathy, but denied such eligibility for right and left shoulder disorders as well as right upper extremity radiculopathy.
The deciding factor: The appellant's supplemental claim was part of the same case as the initial denial in 2018, thus making her eligible for fees from past due benefits awarded therein. However, the claims for right and left shoulder disorders were not continuously pursued within a year of the prior rating decision, hence they are not eligible.
- Claimed conditions
- neck disorder, left upper extremity radiculopathy, right shoulder disorder, left shoulder disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2025
- Citation
- A25038458
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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.
- 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.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- 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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