Citation Nr: 18155011
Decision Date: 12/03/18	Archive Date: 12/03/18

DOCKET NO. 18-00 606
DATE:	December 3, 2018
REMANDED
Entitlement to an initial rating in excess of 20 percent for radiculopathy of the right upper extremity is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Army from September 1972 to March 1973 and from November 1976 to February 1994, including service in the Southwest Theatre of Operations from August 1990 to April 1991.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).
In the Veteran’s December 2017 substantive appeal (VA Form 9), he requested a Board hearing before a Veterans Law Judge.  However, in April 2018, the Veteran withdrew the request for a hearing.  Therefore, the request for a Board hearing is considered withdrawn.  38 C.F.R. § 20.704(e).
This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c); 38 U.S.C. § 7107(a)(2).
The Board notes that the most recent VA Form 21-22, executed by the Veteran in March 2015, appoints a private attorney as his representative.  However, the attorney limited her representation only to certain claims of the Veteran, none of which include the claim for a higher initial rating for the Veteran’s right upper extremity radiculopathy.  As such, the Board considers The American Legion, appointed by the Veteran in April 2006 via a properly executed VA Form 21-22, the current representative for this claim.  There is no indication in the file that the Veteran has revoked his representation by The American Legion for this claim.  
Although there is no appellate brief from The American Legion, there is no prejudice to the Veteran as the Board is remanding the appeal.  Hence, there is no issue that is being denied herein, and the Veteran’s representative will have an opportunity to submit appellate argument if the case is returned to the Board following completion of the remand directives.
1.  Entitlement to an initial rating in excess of 20 percent for radiculopathy of the right upper extremity is remanded.
In addition to the claim for a higher initial rating for his right upper extremity radiculopathy, the Veteran also appealed the rating assigned in the September 2017 rating decision for his cervical spine disability.  The claim for an increased rating for a cervical spine disability was recently remanded in an October 2018 Board decision for a new examination and VA and private medical records.  As the Veteran’s right upper extremity radiculopathy is considered secondary to his cervical spine disability, the evidence developed during the processing of the latter claim may impact the former’s rating. The medical records may also contain relevant findings. Accordingly, the claims are inextricably intertwined.  Harris v. Derwinski, 1 Vet. App. 180 (1991).  Adjudication of the claim of entitlement to a higher initial rating for radiculopathy of the right upper extremity is therefore deferred.
The matter is REMANDED for the following action:
After completing all development with regards to the Veteran’s claim for an increased rating for his cervical spine disability as directed by the Board in its October 2018 decision, readjudicate the claim for a higher initial rating for radiculopathy of the right upper extremity.
 
D. JOHNSON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Mortimer, Associate Counsel