The Veteran's back disability and bilateral sciatic nerve radiculopathies are rated at a 40 percent rating since August 29, 2007. The right femoral nerve radiculopathy is rated at 20 percent from July 13, 2015 to July 8, 2019 and at 20 percent thereafter. The left femoral nerve radiculopathy is rated at 20 percent since July 8, 2019.
The deciding factor: The Veteran's back disability was found to have forward flexion of the thoracolumbar spine less than 30 degrees and no evidence of ankylosis. The most recent VA examination showed significant limitation in functional ability due to pain, resulting in a 40 percent rating under the General Rating Formula for Diseases or Injuries of the Spine (General Rating Formula).
- Claimed conditions
- lumbar degenerative disc disease (back disability), left sciatic nerve radiculopathy, right sciatic nerve radiculopathy, left femoral nerve radiculopathy, right femoral nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 23, 2020
- Citation
- 20068862
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.
- Remanded (sent back)
The Board remands the claims for further development and to provide the Veteran with notice of her right to a hearing before the AOJ.
- Granted
The Board granted increased ratings for the Veteran's right and left sciatic nerve radiculopathy, effective May 31, 2018, and awarded a total disability based on individual unemployability due to service-connected disabilities (TDIU) effective July 30, 2012.
- Partly granted
The Board granted service connection for sleep apnea, lumbar spine degenerative disc disease with intervertebral disc syndrome, and pseudofolliculitis barbae, among other issues, with specific ratings and effective dates.
- Denied
The Board denied an increased rating for the Veteran's right sciatic nerve radiculopathy, finding that the evidence did not support a disability rating in excess of 20 percent.
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