The Board restored the Veteran's 100% rating for his lower back disability, effective September 1, 2016.,An effective date of October 30, 2003 was granted for service connection for right lower extremity radiculopathy.,The Veteran's claim for an initial disability rating higher than 10 percent for his right lower extremity radiculopathy was denied.
The deciding factor: The June 2016 reduction decision was improper and void ab initio due to the lack of a full and complete examination report, and failure to assess whether any improvement in the Veteran's condition would be maintained under ordinary conditions.,Service connection for right lower extremity radiculopathy was granted on October 30, 2003, based on VA outpatient records showing complaints of pain radiating from his lower back into his bilateral legs and a diagnosis of lumbar radiculopathy.,The Veteran's claim for an increased rating higher than 10 percent for right lower extremity radiculopathy was denied as the evidence did not show moderate or severe incomplete paralysis, or complete paralysis.
- Claimed conditions
- lower back disability, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 12, 2019
- Citation
- 19128840
Veterans Law Judge
Decisions by this judge: 1,890 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19128840.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
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