The Veteran's appeals for increased ratings for right and left lower extremity radiculopathy were denied. The initial rating of 10 percent for the right lower extremity radiculopathy was maintained prior to September 27, 2018, and a higher rating of 20 percent effective from that date was granted. For the left lower extremity radiculopathy, an initial 10 percent rating has been in effect throughout the appeal period.
The deciding factor: The evidence did not support findings of moderate or moderately severe impairment for either side of the Veteran's radiculopathy prior to September 27, 2018, and after that date, a higher rating was not warranted based on the current medical evaluations.
- Claimed conditions
- Right lower extremity radiculopathy, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132367
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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