The Board denied the Veteran's claims for a temporary total rating and service connection for bilateral lower extremity radiculopathy, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim and that the radiculopathy was secondary to his service-connected lumbar spine disability.
The deciding factor: The Board found that the Veteran's neurological symptoms were at least as likely as not secondary to his service-connected lumbosacral strain with intervertebral disc syndrome (IVDS) superimposed on congenital malformation, and thus related to his service-connected condition.
- Claimed conditions
- Lumbosacral Strain with Intervertebral Disc Syndrome (IVDS) superimposed on congenital malformation, Bilateral Lower Extremity Radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2017
- Citation
- 1758737
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 1758737.
What this means for you
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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.
- Denied
The Board denied the appellant's eligibility for direct payment of fees from past due benefits awarded in a July 2024 rating decision granting an increased PTSD rating and TDIU.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased rating and service connection due to alleged errors in the May 2021 VA examination, including failure to conduct range of motion testing. The AOJ is instructed to obtain an addendum VA medical opinion addressing the severity of the Veteran's back disability throughout the appeal period and a VA examination regarding bilateral lower extremity radiculopathy.
- Remanded (sent back)
The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and bilateral lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board finds that the VA examination provided in July 2024 is internally inconsistent and requires further clarification.
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