The Veteran is granted a TDIU due to his service-connected disabilities.,A rating in excess of 10 percent prior to February 6, 2012 for radiculopathy of the right lower extremity is denied. The evidence shows that the disability more closely approximates mild incomplete paralysis at this time.,From February 6, 2012 onwards, a rating in excess of 20 percent for radiculopathy of the right lower extremity is denied. The evidence shows that the disability more closely approximates moderate incomplete paralysis at this time.,A rating in excess of 20 percent for radiculopathy of the left lower extremity is denied.
The deciding factor: The Veteran's service-connected disabilities meet the criteria for a TDIU as they are equivalent to a single disability rated 60% disabling.,The evidence does not support a rating in excess of 10 percent prior to February 6, 2012 due to incomplete paralysis of the sciatic nerve.,From February 6, 2012 onwards, the Veteran's radiculopathy of the right lower extremity more closely approximates moderate incomplete paralysis, but did not meet the criteria for a higher rating under DC 8520.,The evidence does not support a rating in excess of 20 percent for radiculopathy of the left lower extremity.
- Claimed conditions
- Radiculopathy of right lower extremity, Radiculopathy of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2017
- Citation
- 1739080
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 1739080.
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 Veteran's radiculopathy of the left and right lower extremities were granted service connection effective October 25, 2018.,PTSD was also granted service connection effective July 10, 2007. The Veteran requested an earlier effective date for PTSD, but this was denied.
- Granted
The Veteran's service-connected disabilities render him so helpless as to need regular aid and attendance of another person, resulting in the grant of SMC at the A&A rate. The question of entitlement to SMC on account of being housebound is moot due to the grant of SMC based on A&A.
- Denied
The Board denied entitlement to initial ratings in excess of 20 percent for radiculopathy of the left and right lower extremities, finding that the Veteran's symptoms were primarily manifested by intermittent pain and moderate incomplete paralysis.
- Partly granted
The Board granted a disability rating of 20 percent for radiculopathy of the right and left lower extremities, but denied ratings in excess of 20 percent.
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