The Board denied an increased rating for the veteran's low back disability, granted a 40 percent rating for left leg radiculopathy, and denied an increased (compensable) rating for gastroesophageal reflux disease.
The deciding factor: The evidence did not show that the veteran's service-connected conditions had worsened to a degree that warranted higher ratings.
- Claimed conditions
- Low back disability (status post L4-L5 and L5-S1 laminectomy and microdiscectomy with severe lumbar myositis), Left leg radiculopathy, Gastroesophageal reflux disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 6, 2009
- Citation
- 0904356
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's service-connected disabilities, including thoracolumbar and cervical spine conditions, preclude locomotion without the aid of a walker, warranting eligibility for specially adapted housing.
- Granted
The Board granted service connection for erectile dysfunction and gastroesophageal reflux disease, both as secondary to the Veteran's service-connected depressive disorder.
- Granted
The Veteran is granted special monthly compensation based on the regular need for aid and attendance due to his service-connected disabilities.
- Remanded (sent back)
The Board remands the claims for service connection for thoracolumbar spine disorder, left leg radiculopathy, bilateral restless leg syndrome, and obstructive and central sleep apnea due to a pre-decisional duty to assist error in not obtaining adequate medical opinions.
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