The Board denied the motion to revise a December 2019 rating decision that failed to grant service connection for upper extremity radiculopathy based on clear and unmistakable error (CUE).
The deciding factor: The evidence did not establish CUE in the December 2019 rating decision, as the correct facts were before the adjudicator and the statutory and regulatory provisions were correctly applied.
- Claimed conditions
- upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2025
- Citation
- A25084955
Veterans Law Judge
Decisions by this judge: 1,680 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25084955.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's appeal of his right ear hearing loss claim is dismissed. His claims for tinnitus, pseudofolliculitis barbae, and several other conditions are granted. The remaining claims are remanded.
- Dismissed
The Board has dismissed the Veteran's claim for service connection for lumbar spine disability as moot because it was already granted in a separate appeal. The upper extremity radiculopathy claim is being remanded due to a duty to assist error.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error and the need for additional medical opinions regarding the Veteran's employability.
- Remanded (sent back)
The Board finds that the Veteran is in need of personal care services for a minimum of six continuous months due to an inability to complete ADLs such as bathing, dressing himself, and toileting.
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