The Veteran's claim for a separate evaluation of lower extremity radiculopathy associated with his service-connected lumbar spine disability is granted. The claims for higher initial evaluations and TDIU are remanded.
The deciding factor: The evidence is in relative equipoise as to whether a separate rating of 10 percent is warranted for lower extremity radiculopathy, which was found to be associated with the service-connected lumbar spine disability.
- Claimed conditions
- lower extremity radiculopathy, degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 7, 2019
- Citation
- 19144352
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied the Veteran's claims for increased ratings and service connection, except for separate awards of service connection for left knee instability and right knee instability.
- Granted
The Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Partly granted
The Board granted service connection for sciatic radiculopathy of the RIGHT lower extremity as secondary to degenerative arthritis and degenerative disc disease of the lumbar spine, increased the rating for PTSD from 50 percent to 70 percent from September 1, 2017 to July 8, 2019, granted TDIU effective January 1, 2014, and awarded SMC based on housebound status effective September 1, 2017.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
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