The veteran's low back disability warrants a separate rating of 20 percent for neurological impairment in the right lower extremity. Otherwise, the veteran's low back disability does not warrant more than a 40 percent rating for functional impairment of the spine and separate ratings for left and right sciatic neuropathy.
The deciding factor: The severity of the lumbar spine disability did not meet the criteria for higher ratings, but there was evidence supporting increased ratings for neurological impairments in both lower extremities.
- Claimed conditions
- Low back disability (lumbar spine), Left sciatic neuropathy, Right sciatic neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2009
- Citation
- 0904422
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.
- Denied
The Board denied entitlement to increased ratings for various service-connected conditions, including a lumbar spine disability, sciatic neuropathy, right shoulder disability, and knee disabilities. The Veteran's claim for TDIU was also denied.
- Granted
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- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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