The Veteran's lumbar spine disorder is rated at 40 percent, and he was granted separate ratings for LLE and RLE radiculopathy prior to May 8, 2017. The Board also found that the Veteran's service-connected disabilities precluded substantial gainful employment, leading to a grant of TDIU.
The deciding factor: The evidence is at least in equipoise as to whether the Veteran’s lumbar spine disorder and radiculopathy demonstrated moderate symptomatology throughout most of the appeal period. The Board granted separate ratings for LLE and RLE radiculopathy, with the highest rating (40 percent) being assigned from May 8, 2017.
- Claimed conditions
- lumbar spine disorder, bilateral pes planus, migraine headaches, cervical spine disorder, left lower extremity (LLE) radiculopathy, right lower extremity (RLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 3, 2019
- Citation
- 19134795
Veterans Law Judge
Decisions by this judge: 2,287 · Granted: 23% (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 19134795.
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.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various hip and lower extremity disorders, including as secondary to a lumbar spine disorder. The case is being returned to the AOJ for further action.
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