The Veteran's service-connected disabilities necessitate the use of a low back brace, but VA determined that the damage to his shirts is not due to wear and tear caused by the brace. The decision was based on clinical evidence and guidance from VHA Handbook 1173.15.
The deciding factor: Clinical evidence and guidance from VHA Handbook 1173.15 outweighed the Veteran's lay assertions regarding damage to his shirts due to the low back brace.
- Claimed conditions
- lumbar spine degenerative arthritis with intervertebral disc syndrome, radiculopathy due to sciatic nerve impairment of the right lower extremity, radiculopathy due to sciatic nerve impairment of the left lower extremity, radiculopathy due to femoral nerve impairment of the right lower extremity, radiculopathy due to femoral nerve impairment of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2019
- Citation
- 19134671
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (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 19134671.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional evidence and a new VA examination. The issue at hand is whether the Veteran should receive an evaluation in excess of 30 percent for his major depressive disorder associated with lumbar spine degenerative arthritis with intervertebral disc syndrome.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for lumbar spine degenerative arthritis with intervertebral disc syndrome, bilateral hip disabilities (right and left), limitation of extension, and TDIU. The reasons include the need to consider the ameliorative effects of medications used by the Veteran.
- 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.
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