Board Improperly Denies Separate Rating for Right Hand Radiculopathy Caused by Service Connected Cervical Spine Disability

Board Improperly Denies Separate Rating for Right Hand Radiculopathy Caused by Service Connected Cervical Spine Disability

Board Denies Veteran Separate Rating for Right Hand Radiculopathy due to Service Connected Spine Disability

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran a separate rating for his right hand radiculopathy caused by his service connected cervical spine disability. In its decision, the Board stated “the degree of impairment shown does not rise to a compensable level” and denied a separate rating.

Court Agrees with CCK’s Argument that the Board did not Sufficiently Support the Decision to Deny a Rating and did not Adequately Explain Symptoms

CCK argued, and the Court agreed, that the Board erred when it provided inadequate statement of reasons or bases to support its determination that a separate rating was not warranted. The Court found the Board tersely concluded the right hand radiculopathy was inconsistent and infrequent without explaining why these symptoms were not at least mild. The Court vacated the Board’s decision and remanded the case back to the Board for further proceedings consistent with this decision.

Category: Court Wins