An initial rating of 20 percent for a low back disability is granted from March 28, 2012.,Prior to April 28, 2016, an increased rating in excess of 20 percent for right lower extremity radiculopathy is denied. From April 28, 2016, a rating of 40 percent for right lower extremity radiculopathy is granted.,Throughout the appeal period, no initial rating in excess of 20 percent for left lower extremity radiculopathy is granted.
The deciding factor: The March 2013 VA examination report was inadequate and the more recent February 2020 examination report shows forward flexion to 80 degrees, which affords a higher rating than indicated by the baseline 2013 range of motion testing results.,The Veteran’s right lower extremity radiculopathy is rated under DC 8520 (paralysis of the sciatic nerve), and the February 2020 VA examiner opined that the Veteran's right lower extremity radiculopathy was 'severe.' However, a 60 percent rating under DC 8520 requires radiculopathy with marked muscle atrophy, which is not shown.,The March 2013 and February 2020 VA examiners noted that the Veteran's left lower extremity radiculopathy was 'moderate' in severity.
- Claimed conditions
- Low back disability, Right lower extremity radiculopathy, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 28, 2020
- Citation
- 20069829
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.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
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