The Veteran's right lumbar radiculopathy is granted. For the entire rating period on appeal, a 40 percent disability rating for left lumbar radiculopathy involving the sciatic nerve is granted. Separate ratings of 10 percent are granted for left lumbar radiculopathy involving the external popliteal and anterior tibial nerves.
The deciding factor: The Veteran's right lumbar radiculopathy was established on a secondary basis due to his service-connected lumbar spine disability. For the entire rating period, the left lumbar radiculopathy more nearly approximated moderately severe incomplete paralysis of the sciatic nerve based on decreased DTRs and subjective reports of severe sensory deficits. Separate ratings were granted for the external popliteal and anterior tibial nerves.
- Claimed conditions
- Right lumbar radiculopathy, Left lumbar radiculopathy (sciatic nerve), Left external popliteal (common peroneal) nerve, Left anterior tibial (deep peroneal) nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 17, 2019
- Citation
- 19130325
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 a neck disability and a back disability, but denied service connection for BPPV. The right lumbar radiculopathy was also granted as secondary to the back disability.
- Denied
The Board denied the veteran's claims for increased ratings for lumbar degenerative disc disease, left and right lumbar radiculopathy, and left ankle lateral collateral ligament sprain.
- Partly granted
The Board granted an initial 30 percent rating for the cervical spine disability from September 16, 2010 to July 5, 2021 and a 40 percent rating from June 25, 2013 to July 5, 2021. The lumbar spine disability ratings were denied.
- Granted
The Veteran's service-connected conditions prevent him from obtaining or maintaining substantially gainful employment, and the Board has granted a TDIU based on this.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.