The Veteran's claim for service connection for a chronic headache disorder is granted. The claims for service connection for right lower extremity neurological disorder, degenerative disc disease of the lumbar spine, femoral radiculopathy, and sciatic radiculopathy are denied.
The deciding factor: The evidence is at least in equipoise as to whether the Veteran's chronic headache disorder was aggravated by his service-connected tinnitus. The Veteran does not have a current diagnosis of a right lower extremity neurological disorder or associated objective neurologic abnormalities. The Veteran’s lumbar spine disability has not resulted in unfavorable ankylosis, incapacitating episodes, or associated objective neurologic abnormalities. The Veteran's femoral and sciatic radiculopathies do not approximate moderate incomplete paralysis.
- Claimed conditions
- chronic headache disorder, right lower extremity neurological disorder, degenerative disc disease, lumbar spine, femoral radiculopathy, left lower extremity, sciatic radiculopathy, left lower extremity
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 23, 2020
- Citation
- 20005878
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 a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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