The Veteran was granted service connection for radiculopathy of the right and left lower extremities with an effective date of December 2, 2008.,An increased rating for arthritis of the lumbar spine was granted by the RO in December 2008.
The deciding factor: The Veteran's radiculopathies were factually ascertainable as early as March 2001 and he was granted service connection with an effective date of December 2, 2008. The Veteran's arthritis of the lumbar spine did not meet the criteria for a higher rating under the applicable VA rating criteria.
- Claimed conditions
- Arthritis of the lumbar spine, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 11, 2010
- Citation
- 1009344
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 1009344.
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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