The Veteran's bilateral lower extremity radiculopathy is granted as secondary to his service-connected lumbar spine disability. A rating of 40 percent for degenerative disc disease of the lumbar spine since March 9, 2017 is granted.
The deciding factor: The VA examiner found that the Veteran’s current radiculopathy symptoms are related to his age, long distance driving, and obesity rather than his service-connected lumbar spine disability. However, the Board finds in favor of the Veteran and grants secondary service connection for bilateral lower extremity radiculopathy.
- Claimed conditions
- bilateral lower extremity radiculopathy, degenerative disc disease of the lumbar spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 4, 2019
- Citation
- 19124259
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.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Remanded (sent back)
The Board remands the claims for initial ratings higher than the assigned percentages for service-connected conditions, including migraine headaches, bilateral carpal tunnel syndrome, lumbosacral strain, and bilateral lower extremity radiculopathy.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
- Partly granted
The Board granted service connection for a back disability and bilateral lower extremity radiculopathy, but denied service connection for chronic fatigue syndrome, chronic sinusitis, bilateral hand tremors, and bilateral restless leg syndrome. The Board also granted an increased rating of 50 percent for obstructive sleep apnea.
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