The Veteran's appeal for an increased initial evaluation in excess of 10 percent for partial paralysis, left lower extremity is denied. The claim for a higher initial evaluation for lumbar degenerative disc disease evaluated under 38 C.F.R. � 4.71a, Diagnostic Code 5237 remains pending.
The deciding factor: The Veteran's neurologic impairment of the left lower extremity was not diagnosed prior to February 2009 and is so mild that the Veteran was unaware of it until the medical diagnosis was made in February 2009. As a result, there is no factual basis for an increased initial evaluation.
- Claimed conditions
- lumbar degenerative disc disease, partial paralysis, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2009
- Citation
- 0943883
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 0943883.
What this means for you
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Related decisions
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The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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The Board has granted service connection for migraines, lumbar degenerative disc disease with associated lower extremity radiculopathy, and right and left lower extremity radiculopathy. Service connection is denied for left hip strain and right hip strain.
- Remanded (sent back)
The Veteran's claim for service connection for a back condition was denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for right lower extremity radiculopathy associated with his lumbar spine disability was also denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for a postoperative back scar related to his service-connected lumbar spine disability was denied in December 2009, and the effective date of this denial is May 8, 2013.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with right great toe hallux limitus; bilateral upper extremity radiculopathy; obstructive sleep apnea; cervical degenerative arthritis, disc disease, spinal stenosis, and C4-C7 fusion; left shoulder strain; lumbar degenerative disc disease; right shoulder strain; right knee tendonitis; left knee tendonitis; painful right neck scar; tinnitus; right lower extremity polyneuropathy; and left lower extremity polyneuropathy render him unable to secure or follow any substantially gainful occupation.
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