The Veteran's service-connected right lateral herniated disc with encroachment of the neural foramina and L5-S1 bulging disc is rated at 20 percent from August 25, 2005 to May 1, 2008, and at 40 percent thereafter.,The Veteran's service-connected right lateral herniated disc with encroachment of the neural foramina and L5-S1 bulging disc is rated at 20 percent from May 1, 2008 onwards.,The Veteran's service-connected right lumbar radiculopathy is rated at 20 percent since April 4, 2006.,The Veteran's service-connected left L4-L5 radiculopathy is rated at 10 percent prior to December 17, 2009 and at 20 percent thereafter.,The Veteran's service-connected bladder impairment associated with the right lateral herniated disc is rated at 40 percent as of December 23, 2009.,The Veteran's residuals of a facial wound are not compensable.
The deciding factor: For the period from August 25, 2005 to May 1, 2008, the disability did not meet the criteria for a higher rating as it did not show limitation of forward flexion of the thoracolumbar spine or unfavorable ankylosis.,For the period from May 1, 2008 onwards, the disability did not meet the criteria for a higher rating as it did not show unfavorable ankylosis of the thoracolumbar or entire spine, nor is there evidence of incapacitating episodes lasting six weeks or more.,The Veteran's right lumbar radiculopathy was rated at 20 percent since April 4, 2006 based on its equivalent to moderate incomplete paralysis of the sciatic nerve.,For the period prior to December 17, 2009, the left L4-L5 radiculopathy was rated at 10 percent as it is equivalent to mild incomplete paralysis of the sciatic nerve. From December 17, 2009 onwards, the disability was rated at 20 percent due to moderate incomplete paralysis.,The Veteran's bladder impairment associated with his service-connected right lateral herniated disc was rated at 40 percent as of December 23, 2009 based on urinary frequency of less than one hour during the day.,The residuals of a facial injury did not show any scar that is painful upon examination or show characteristics of disfigurement or gross disfigurement of a facial feature, nor does his deviated septum cause 50 percent obstruction of the nasal passage on both sides, or complete obstruction on one side. Therefore, they are not compensable.
- Claimed conditions
- right lateral herniated disc with encroachment of the neural foramina and L5-S1 bulging disc, left lower extremity radiculopathy, bladder impairment associated with right lateral herniated disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 14, 2011
- Citation
- 1105876
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 1105876.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Denied
The Board has determined that the Veteran does not have left lower extremity radiculopathy or any related symptoms causing impairment in earning capacity during the appeal period, and therefore service connection for this condition is denied.
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