The Veteran's low back arthritis is granted a 40 percent rating, right lower extremity sciatic nerve radiculopathy is granted a 10 percent rating prior to December 15, 2015, and Meniere’s disease is granted a 30 percent rating from May 16, 2017. SMC based on housebound status is granted for the period January 1, 2016 to March 28, 2016.
The deciding factor: The Veteran's low back arthritis more closely approximated forward flexion limited to at least 30 degrees due to pain upon passive range of motion and non-weight-bearing circumstances. The right lower extremity radiculopathy was present from the start of the appeal period, February 29, 2012, and was at least mild in severity. After resolving reasonable doubt in favor of the Veteran, he has had Meniere’s disease since the start of the appeal period.
- Claimed conditions
- Mechanical low back pain with degenerative joint disease (low back arthritis), Right lower extremity sciatic nerve radiculopathy, Meniere’s disease (previously characterized as eustachian tube dysfunction with dizziness)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 31, 2020
- Citation
- 20057467
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20057467.
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 Veteran's service-connected right lower extremity sciatic and femoral nerve radiculopathy with restless leg syndrome is currently rated at 20 percent, effective May 8, 2024. The appeal for higher ratings has been denied.
- Granted
The Veteran's service-connected degenerative disc disease and associated right and left lower extremity sciatic nerve radiculopathy disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU on this basis.
- Granted
The Veteran meets the schedular percentage requirements for a TDIU due to his service-connected disabilities, which prevent him from engaging in substantially gainful employment.
- Granted
The Veteran's service-connected DDD thoracolumbar spine and associated radiculopathies of the lower extremities have caused a loss of use of both lower extremities, necessitating regular and constant use of assistive devices such as canes. As a result, eligibility for specially adapted housing has been granted.
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