The Veteran's claims for increased evaluations of his lumbosacral strain, right and left lower extremity radiculopathy disabilities are denied. The claim for TDIU prior to March 15, 2016 is also denied.
The deciding factor: The evidence does not support an evaluation in excess of the current 40 percent rating for lumbosacral strain disability or evaluations higher than 10 percent for right and left lower extremity radiculopathy disabilities prior to March 15, 2016. The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to that date.
- Claimed conditions
- lumbosacral strain, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 24, 2020
- Citation
- 20005999
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- 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 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
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