The Veteran's claim for increased ratings for lumbar radiculopathy of the lower extremities was granted, with a rating of 40 percent for each condition. The claim for an increased rating for lumbar disc herniation remains pending.
The deciding factor: The Veteran's radiculopathy conditions met the criteria for a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine, as they were manifested by moderate incomplete paralysis of the sciatic nerve. The Veteran's lumbar disc herniation did not meet the criteria for an increased rating.
- Claimed conditions
- lumbar disc herniation, lumbar radiculopathy of the right lower extremity, lumbar radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 15, 2009
- Citation
- 0918467
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0918467.
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
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Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board has determined that the Veteran's claimed conditions, including prostate cancer, hypertension, diabetes mellitus, type II, diabetic nephropathy and end stage renal disease with dialysis, diabetic peripheral neuropathies of various extremities, erectile dysfunction, lumbar spine strain with degenerative arthritis and intervertebral disc syndrome, and bilateral knee replacements, do not meet the criteria for service connection based on direct evidence or presumptive exposure to herbicide agents. The Board also found that there was no qualifying exposure to toxic environmental exposures during service.
- Remanded (sent back)
The Board is remanding the claims for service connection and effective dates earlier than March 20, 2020 due to duty to assist errors and a request for a good cause extension of time limits.
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