The Veteran's low back disability is rated at 20 percent, effective from the date of decision. The rating for left lumbar radiculopathy remains at 10 percent. Ratings for left and right mental nerve hypoesthesia are granted at 10 percent each, effective since April 19, 2016. Ratings for bilateral plantar fasciitis with bilateral plantar spurs and left calcaneal bursitis remain at 10 percent. The Veteran's overactive bladder is rated at 40 percent.
The deciding factor: The evidence supported the grant of a higher rating for low back disability, but denied increased ratings for other conditions based on the current symptomatology and lack of additional functional loss during flare-ups.
- Claimed conditions
- Low back disability, Left lumbar radiculopathy, Left mental nerve hypoesthesia, status post apertognathia and class III malocclusion surgery, Right mental nerve hypoesthesia, status post apertognathia and class III malocclusion surgery, Bilateral plantar fasciitis with bilateral plantar spurs and left calcaneal bursitis, Overactive bladder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 12, 2019
- Citation
- 19145472
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.
- Granted
The Board restored the Veteran's rating for overactive bladder from 0 percent to 20 percent and granted an increased rating of 40 percent.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
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