The Veteran's right lumbar radiculopathy was initially rated at 10 percent prior to January 28, 2009. After a review of the evidence, including VA treatment records and examination results, the Board determined that his symptoms warranted a 40 percent rating from January 28, 2009 onwards.
The deciding factor: The Veteran's right lumbar radiculopathy was characterized by moderate to moderately severe symptoms, including pain, numbness, weakness, and an abnormal gait. The Board found that these symptoms met the criteria for a 40 percent rating under Diagnostic Code 8620.
- Claimed conditions
- right lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 17, 2010
- Citation
- 1022502
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 1022502.
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.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Denied
The Board denied service connection for right and left lumbar radiculopathy as the underlying primary low back disability is not an adjudicated service-connected condition.
- Remanded (sent back)
The Veteran's claims for service connection for sleep apnea, transient global amnesia, tinnitus, and PTSD have been denied. The Board has found that there is no competent evidence of these conditions during the pendency of the claim.,For the lumbar spine disability, the Veteran was granted service connection but a higher rating remains in dispute.
- Denied
The Board denied service connection for chronic sinusitis, fibromyalgia, and CFS. The Veteran's hearing loss, lumbar spine disability, radiculopathy, shoulder disability, knee meniscal tear, knee limitation of extension, knee scars, GERD, allergic rhinitis, asthma, and PTSD were also not rated higher than their current levels.
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