The Veteran's low back disability and radiculopathy of the lower extremities have been granted increased ratings, but only for periods after specific dates. The original rating remains unchanged.
The deciding factor: The VA examinations provided evidence that supported a higher rating based on the severity of the Veteran’s symptoms and functional impairment, particularly during flare-ups.
- Claimed conditions
- Low Back Disability, Radiculopathy of Right Lower Extremity, Radiculopathy of Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 2, 2020
- Citation
- 20000128
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.
- Denied
The Board denied the claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Partly granted
The Board denied an initial rating higher than 70 percent for PTSD and remanded several service connection claims, including dyspnea, chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome, obstructive sleep apnea, low back disability, and right lower extremity radiculopathy of the sciatic nerve.
- Dismissed
The appeal for an initial compensable rating for GERD was withdrawn, and the claims for service connection for a low back disability, bilateral ankle disability, bilateral knee disability, and right knee disability were denied.
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