The Veteran's radiculopathy in the right and left lower extremities are granted a rating of 40 percent, which is not higher.,The Veteran's headaches are denied as they do not meet the criteria for a higher than 30 percent rating.
The deciding factor: The medical evidence shows that the Veteran’s radiculopathy in both lower extremities has been consistently rated at a moderately severe level (40 percent), based on his reported pain levels and functional limitations, which do not warrant an even higher rating.,While the Veteran reports frequent headaches, there is no evidence of characteristic prostrating attacks or prolonged periods of incapacitation that would meet the criteria for a 50 percent rating. The VA examiner found that the Veteran’s headaches did not have a significant impact on his ability to work.
- Claimed conditions
- Radiculopathy in the right lower extremity, Radiculopathy in the left lower extremity, Headaches, Post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 31, 2019
- Citation
- 19182170
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19182170.
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 has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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