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
- {"condition_name":"Radiculopathy in the right lower extremity"}, {"condition_name":"Radiculopathy in the left lower extremity"}, {"condition_name":"Headaches"}, {"condition_name":"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
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 granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.