The Board denied an increased disability rating in excess of 40 percent for right upper extremity radiculopathy and remanded the claims for higher ratings for post operative residuals, multiple dislocations of the right shoulder with degenerative arthritis, and degenerative arthritis and degenerative disc disease of the cervical spine, as well as a TDIU claim.
The deciding factor: The evidence did not support a finding that the symptoms and functional impairments of the right upper extremity radiculopathy more closely approximated a higher increased rating of 70 percent under Diagnostic Code 8513. The Veteran's symptoms remained consistent with moderate incomplete paralysis, and there was no indication of severe impairment.
- Claimed conditions
- right upper extremity radiculopathy, post operative residuals, multiple dislocations of the right shoulder with degenerative arthritis, degenerative arthritis and degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 13, 2025
- Citation
- A25042878
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.
- 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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