The Veteran's lumbar spondylosis is granted as secondary to his service-connected cervical spine disability.,A rating of 40 percent for left lower extremity radiculopathy from December 3, 2018, is granted. Prior to that date, the rating remains at 10 percent.,Total Disability based on Individual Unemployability (TDIU) is granted.
The deciding factor: The Veteran's lumbar spondylosis was found to be secondary to his service-connected cervical spine disability and thus service connection for this condition is granted.,From December 3, 2018, the left lower extremity radiculopathy meets the criteria for a 40 percent rating under Diagnostic Code 8520. Prior to that date, it was rated at 10 percent due to less severe symptoms.,The Veteran's service-connected disabilities preclude substantially gainful employment.
- Claimed conditions
- lumbar spondylosis, left lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 21, 2019
- Citation
- 19187810
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 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.
- Denied
The Board denied the veteran's claims for service connection, increased ratings, and earlier effective dates as there was no evidence to support a causal relationship between his current conditions and his active military service.
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