The Veteran's service-connected neuropathy of the right and left lower extremities is characterized by moderately severe impairment due to weakness, diminished and absent reflexes and sensation, and resulting gait abnormalities. The Board finds that the criteria for a disability rating of 40 percent have been met.
The deciding factor: The severity of the Veteran's service-connected neuropathy of the right lower extremity is characterized by moderately severe impairment due to weakness, diminished and absent reflexes and sensation, and resulting gait abnormalities. The same applies to the left lower extremity radiculopathy.
- Claimed conditions
- Residuals of a lumbosacral strain with herniated nucleus pulposus, Right lower extremity radiculopathy, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 27, 2009
- Citation
- 0907375
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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