The veteran's DDD of the lumbar spine was rated at 40 percent, and separate ratings for mild incomplete paralysis of the sciatic nerves and voiding dysfunction were assigned.
The deciding factor: The decision was based on the severity of the low back disability and its associated neurological symptoms, as well as the lack of evidence supporting a higher rating or earlier effective date.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbar spine, Hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2008
- Citation
- 0810733
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
- Partly granted
The Board granted service connection for several conditions, including lumbar spine degenerative arthritis and radiculopathy of the sciatic and femoral nerves, with effective dates from March 15, 2013. The Board also granted a TDIU and DEA based on unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for bilateral hearing loss, hypertension, and hepatitis C as there was no evidence of functional impairment sufficient to warrant a higher rating.
- Dismissed
The Board dismissed all claims for service connection and denied an earlier effective date for the award of service connection for posttraumatic stress disorder (PTSD).
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