The Veteran's appeal for an effective date prior to September 2008 for the grant of service connection for radiculopathy and left great toe paresthesia as secondary to lumbar DDD is granted. The appeals for reinstatement of withdrawn claims for pneumonia, sinus disorder, and secondary service connection for a repolarization disorder are denied. The appeal for service connection for bilateral shoulder disability remains pending due to the receipt of new and material evidence. The appeal for an initial rating in excess of 10% for lumbar DDD is denied.
The deciding factor: The Veteran's radiculopathy and left great toe paresthesia were granted as secondary to his service-connected lumbar DDD, with an effective date set at September 2008. The appeals for reinstatement of withdrawn claims are denied because the new evidence does not relate to the original issues on appeal. The appeal for bilateral shoulder disability remains pending due to the receipt of new and material evidence. The appeal for a higher rating for lumbar DDD is denied as there is no evidence showing that the Veteran's condition warrants an initial rating in excess of 10%.
- Claimed conditions
- radiculopathy, bilateral shoulder disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2011
- Citation
- 1106437
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 1106437.
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.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- Remanded (sent back)
The Veteran's appeal for a compensable disability rating for service-connected migraine headaches is remanded due to the need for further evaluation and consideration.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of both lower extremities is being remanded due to a failure to obtain relevant private medical records. The AOJ will consider these records when readjudicating the claim.
- Granted
The Board has granted service connection for neurological impairment of the right and left lower extremities, variously diagnosed as neuropathy and radiculopathy, which is secondary to the Veteran's service-connected back disability.
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