The veteran's service-connected lumbosacral strain with mechanical back pain, L5 disc bulging and limitation of motion does not warrant a rating in excess of 20 percent. However, the veteran is entitled to separate ratings of 10 percent for chronic pain in both legs due to radiculopathy.
The deciding factor: The evidence did not show that the lumbosacral strain warranted a higher rating, but there was sufficient evidence of mild incomplete paralysis of the sciatic nerve to warrant separate 10 percent ratings for each leg.
- Claimed conditions
- lumbosacral strain with mechanical back pain, L5 disc bulging and limitation of motion, pain in the left leg, radiculopathy left lower extremity, pain in the right leg, radiculopathy right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901811
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 claims for service connection for various conditions to allow the AOJ to provide notice of the Veteran's right to a hearing and determine if additional evidentiary development is required.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for radiculopathy affecting both lower extremities due to inadequate examination.
- Remanded (sent back)
The Board remands the claims for service connection for radiculopathy of both lower extremities and bilateral plantar fasciitis to obtain additional medical evidence regarding potential aggravation by a service-connected disability.
- Granted
The Veteran's service-connected disabilities, including bilateral flat feet with plantar fasciitis and degenerative arthritis, have rendered him unable to secure or follow a substantially gainful occupation, entitling him to special monthly compensation at the statutory housebound rate beginning December 23, 2020.
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