Denied
The Board found that there was clear and unmistakable error in the previous rating decision, which improperly assigned a higher rating for right upper extremity radiculopathy. The appeal seeking restoration of the 40 percent rating is denied.
The deciding factor: The error was based on an incorrect presumption that the Veteran's right side was his major extremity, when it should have been rated as the minor extremity under the relevant criteria.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 9, 2025
- Citation
- A25106076
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