The Veteran is granted a disability rating of 40 percent for radiculopathy of the right lower extremity, effective October 30, 2014. He does not meet criteria for an increased rating for his degenerative disc disease or radiculopathy of the left lower extremity.
The deciding factor: The Veteran's radiculopathy of the right lower extremity manifested in moderately-severe incomplete paralysis throughout the period on appeal, but it did not manifest in atrophy or complete paralysis. The criteria for a disability rating in excess of 40 percent have not been met as there is no evidence of ankylosis.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Radiculopathy of the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 13, 2017
- Citation
- 1711921
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 1711921.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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