The Veteran's claim for a separate rating of 20 percent for radiculopathy of the right lower extremity is granted. The claim for an increased rating in excess of 20 percent for low back disability, and claims for initial ratings in excess of 10 percent for painful residual scars and nonpainful residual scars are denied. The Veteran's claim for a separate rating of 40 percent for radiculopathy of the left lower extremity is granted. The claim for an initial rating in excess of 20 percent for radiculopathy of the left lower extremity is denied. The Veteran's claim for an initial rating in excess of 70 percent for psychiatric disorder is granted.
The deciding factor: The evidence did not show that the Veteran’s low back disability more nearly approximated the criteria for a next higher 40 percent rating under Diagnostic Code 5242, and the radiculopathy of the right lower extremity was productive of symptomatology more nearly approximating moderate incomplete paralysis.
- Claimed conditions
- Low back disability, Radiculopathy of the right lower extremity, Painful residual scars on left flank, Nonpainful residual scars, Radiculopathy of the left lower extremity, Psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 29, 2018
- Citation
- 18105851
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 18105851.
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 Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
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