The veteran's degenerative disc disease of the lumbar spine is not manifested by incapacitating episodes, unfavorable ankylosis, or severe neurologic impairment. However, separate ratings for mild neuropathy in both lower extremities were granted.
The deciding factor: The decision was based on the severity and impact of the veteran's symptoms as assessed during examinations and medical records review.
- Claimed conditions
- degenerative disc disease with spinal stenosis and radiculopathy, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 29, 2008
- Citation
- 0814041
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.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
- Dismissed
The appeal for earlier effective dates for lumbar spine and bilateral lower extremity sciatica was dismissed due to a procedural defect in the docketing of the appeal.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
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