The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine was granted with an effective date of January 2, 2008. The claim for bilateral lower extremity radiculopathy was denied as it did not arise until August 2013.
The deciding factor: The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine was granted with an effective date of January 2, 2008, because she filed a claim to reopen her previous claims in January 2008. The claim for bilateral lower extremity radiculopathy was denied as it did not arise until August 2013.
- Claimed conditions
- degenerative disc disease of the lumbosacral spine, bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 11, 2019
- Citation
- 19145004
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 remands the claims for initial ratings higher than the assigned percentages for service-connected conditions, including migraine headaches, bilateral carpal tunnel syndrome, lumbosacral strain, and bilateral lower extremity radiculopathy.
- 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.
- Partly granted
The Board granted service connection for a back disability and bilateral lower extremity radiculopathy, but denied service connection for chronic fatigue syndrome, chronic sinusitis, bilateral hand tremors, and bilateral restless leg syndrome. The Board also granted an increased rating of 50 percent for obstructive sleep apnea.
- Denied
The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of a current disability or sufficient link to military service.
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