The Veteran's service connection claim for right S1 radiculopathy is granted. The reduction of the Veteran's disability compensation benefits due to incarceration for a felony conviction was proper.
The deciding factor: The evidence supports the finding that the Veteran currently manifests right S1 radiculopathy attributable to his service-connected lumbosacral strain with disc disease of L5-S1, and the reduction in compensation benefits was appropriate as it was based on valid legal grounds.
- Claimed conditions
- lumbosacral strain with disc disease of L5-S1, right S1 radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 23, 2009
- Citation
- 0935937
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. Search VA.gov for the original decision (opens in a new tab) using citation 0935937.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeals for increased ratings and effective dates have been dismissed due to his death.
- Whole decision: Granted
The Veteran's claim for service connection for lumbar disk disease, with right S1 radiculopathy, status post lumbar discectomy and laminectomy is granted. The Board found that the evidence was in approximate balance, granting the benefit of doubt to the Veteran.
- Whole decision: Remanded (sent back)
The Veteran's increased ratings for lumbar disc disease and right S1 radiculopathy are granted, but the issue of entitlement to TDIU is remanded.
- Whole decision: Granted
The Veteran's service-connected disabilities, including L5-S1 bulging disc and myositis, seborrheic dermatitis, folliculitis, depressive disorder, right S1 radiculopathy, left S1 radiculopathy, and small hiatal hernia and gastritis, preclude him from obtaining or maintaining substantially gainful employment for which his education and occupational experience would otherwise qualify him. The Board finds that the criteria for TDIU are met.
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