The Board denied a rating more than 10 percent for GERD and denied ratings more than 20 percent for the left and right upper extremity radiculopathies prior to June 20, 2022. However, it granted a 30 percent rating for the left (minor) upper extremity radiculopathy as of June 20, 2022, and a 40 percent rating for the right (major) upper extremity radiculopathy as of June 20, 2022.

The deciding factor: The Veteran's GERD did not more nearly approximate symptoms that were productive of considerable impairment of health. The left and right upper extremity radiculopathies did not meet the criteria for a higher rating prior to June 20, 2022, but as of that date, they met the criteria for a 30 percent and 40 percent rating respectively.

Claimed conditions

GERD (claimed as acid reflux), left (minor) upper extremity radiculopathy, right (major) upper extremity radiculopathy

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 31, 2025

Citation

A25009051

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