The Veteran's loss of use of both lower extremities is not attributable to his service-connected lumbar spine disability, and thus he does not meet the criteria for SMC based on such a condition.
The deciding factor: The VA examination reports consistently noted no anatomical loss or permanent loss of use of either leg due to the Veteran's service-connected lumbar spine disability.
- Claimed conditions
- Lumbar Disc Disease, Spondylolisthesis at L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2012
- Citation
- 1240366
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 1240366.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Granted
The Veteran's PTSD, sleep apnea, hypertension, right MCA stroke with left-sided hemiplegia and major neurocognitive impairment, headaches, left ankle sprain, cervical sprain, and lumbar disc disease are all granted as secondary to service-connected conditions.
- Remanded (sent back)
The Board has found the reduction in rating for spinal stenosis, lumbar disc disease, and Schmorl's nodes from 20% to 10% was improper. The 20% rating is restored. However, the issues of increased ratings for left and right lower extremity sciatic nerve radiculopathy and ankle conditions are remanded due to a duty to assist error.
- Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
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