The Veteran's appeal is granted for service connection for radiculopathy of the right lower extremity. The issue of a rating in excess of 40 percent for lower lumbar muscle strain was withdrawn by the Veteran, and thus no further action is required.
The deciding factor: The Veteran's representative argued that the January 2011 VA examination which granted service connection for left lower extremity radiculopathy also addressed right lower extremity radiculopathy. The Board agreed with this argument as there was an overlap in complaints and diagnoses, leading to a decision on both issues.
- Claimed conditions
- lower lumbar muscle strain, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2013
- Citation
- 1335434
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 1335434.
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 Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is not supported by adequate reasoning and must be remanded to allow for a thorough review, including obtaining medical opinions on whether it is in the best interest of the Veteran to participate in the PCAFC program.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities due to conflicting information in the VA-contracted examination report, which requires clarification on the current severity of the service-connected disabilities without considering diabetic neuropathy. The Veteran is not service-connected for diabetic neuropathy.
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