The Veteran's right leg radiculopathy has been rated at 10 percent since the grant of service connection. The Board finds that his symptoms, including pain and sensory disturbances in the right calf with no organic changes such as muscle atrophy or reflex impairment, warrant a 10 percent rating under DC 8520.
The deciding factor: The Veteran's symptoms have been characterized as wholly sensory disturbances without any significant motor weakness or atrophy of the lower extremities. The Board finds that his condition does not meet criteria for higher ratings based on incomplete paralysis due to lack of organic changes such as muscle atrophy and reflex impairment.
- Claimed conditions
- Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 3, 2010
- Citation
- 1004967
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 1004967.
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 Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Denied
The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) for the period from August 29, 2014, to June 16, 2019.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
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