The Veteran's lumbar spondylosis is rated at 40 percent disabling, effective December 10, 2018. The rating for right and left lower extremity radiculopathy remains denied, as does the rating for partial paralysis of both femoral nerves.
The deciding factor: The Veteran's lumbar spondylosis resulted in forward flexion to 30 degrees or less, meeting the criteria for a 40 percent rating under the General Formula for Diseases and Injuries of the Spine. The other issues were denied as they did not meet the required criteria.
- Claimed conditions
- lumbar spondylosis, right lower extremity radiculopathy, left lower extremity radiculopathy, partial paralysis of right femoral nerve, partial paralysis of left femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 11, 2019
- Citation
- 19144981
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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