The Veteran's right lower radiculopathy was reduced from 10 percent to noncompensable effective February 11, 2009. The Board restored the original rating of 10 percent.,The Veteran is not entitled to a TDIU rating as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.
The deciding factor: The reduction was improper and invalid, with no actual improvement in the Veteran's disability. The evidence did not show an improvement in function under ordinary conditions of life and work.,The Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.
- Claimed conditions
- lumbar neuritis of the right leg, obstructive sleep apnea, posttraumatic stress disorder (PTSD), left knee patellofemoral syndrome, right knee patellofemoral syndrome, cervical spine degenerative disc disease, lumbar spine intervertebral disc syndrome with right tibial nerve neuritis, vertigo, tinnitus, radiculopathy of the right lower extremity sciatic nerve, bilateral hearing loss, allergic rhinitis, hypertension, erectile dysfunction, headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 1, 2018
- Citation
- 1827749
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 1827749.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
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