The Veteran's lumbar spine degenerative disc disease has been rated at 60 percent effective August 17, 2001.,From September 9, 2010 to February 29, 2012, the Veteran's right lower extremity radiculopathy was rated at 40 percent and his left lower extremity radiculopathy was also rated at 40 percent.,Effective March 1, 2012, the Veteran's right lower extremity radiculopathy was rated at 60 percent and his left lower extremity radiculopathy was also rated at 60 percent.,The Veteran is granted a TDIU.
The deciding factor: The lumbar spine degenerative disc disease has been found to be manifested by pronounced intervertebral disc syndrome, with persistent symptoms compatible with sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, and other neurological findings.,From September 9, 2010 to February 29, 2012, the Veteran's right lower extremity radiculopathy was not manifested by marked muscular atrophy. From March 1, 2012, the Veteran's right lower extremity radiculopathy was manifested by muscular atrophy of the distal calf.,From September 9, 2010 to February 29, 2012, the Veteran's left lower extremity radiculopathy was not manifested by marked muscular atrophy. From March 1, 2012, the Veteran's left lower extremity radiculopathy was manifested by muscular atrophy of the distal calf.,The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine, Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 16, 2013
- Citation
- 1316126
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 1316126.
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 Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- 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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