The Veteran's service connection for left and right lower extremity radiculopathy, tension headaches, and low back disability have been granted with effective dates of March 26, 2010. The earlier effective date for TDIU has been remanded.,Service connection for a heart disability and hypertension remains pending and will be remanded.
The deciding factor: The Board found the evidence to be at least in relative equipoise as to whether an earlier effective date of March 26, 2010 is warranted for the awards of service connection for both right and left lower extremity radiculopathy.
- Claimed conditions
- left lower extremity radiculopathy, right lower extremity radiculopathy, tension headaches, lumbosacral spine degenerative disc disease (low back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 3, 2019
- Citation
- 19142534
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 denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
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