The Board denied service connection for bilateral lower extremity radiculopathy and granted a TDIU based on the Veteran's major depression. The decision also noted that there was no evidence of radiculopathy in either leg.
The deciding factor: The VA examiners did not find any objective findings of radiculopathy in the Veteran’s legs, and attributed his lower extremity symptoms to small vessel disease rather than a service-connected low back disability.
- Claimed conditions
- bilateral lower extremity radiculopathy, major depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 14, 2020
- Citation
- 20066779
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.
- Remanded (sent back)
The Board remands the claims for service connection for major depression, personality disorder, and severe anxiety due to an inadequate VA examination and opinion.
- Remanded (sent back)
The Board remands the claims for initial ratings higher than the assigned percentages for service-connected conditions, including migraine headaches, bilateral carpal tunnel syndrome, lumbosacral strain, and bilateral lower extremity radiculopathy.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
- Partly granted
The Board granted service connection for a back disability and bilateral lower extremity radiculopathy, but denied service connection for chronic fatigue syndrome, chronic sinusitis, bilateral hand tremors, and bilateral restless leg syndrome. The Board also granted an increased rating of 50 percent for obstructive sleep apnea.
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