The Veteran's degenerative arthritis of the spine is rated at 40 percent from November 25, 2013 to March 1, 2020.,A separate 20 percent rating for LLE radiculopathy is granted from November 25, 2013 to May 9, 2014 and from May 10, 2014. A separate 20 percent rating for RLE radiculopathy is granted from January 23, 2018 to March 1, 2020.,A disability rating in excess of 20 percent for RLE radiculopathy is denied as of March 2, 2020.
The deciding factor: The Veteran's degenerative arthritis of the spine was rated at 40 percent from November 25, 2013 to March 1, 2020 due to forward flexion limited to 20 degrees during flare-ups.,LLE radiculopathy is rated at 20 percent from November 25, 2013 to May 9, 2014 and from May 10, 2014. RLE radiculopathy is rated at 20 percent from January 23, 2018 to March 1, 2020.,RLE radiculopathy was not manifested by moderately severe or severe incomplete paralysis as of March 2, 2020.
- Claimed conditions
- Degenerative arthritis of the spine, LLE radiculopathy (left lower extremity), RLE radiculopathy (right lower extremity)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 28, 2020
- Citation
- 20069946
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.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection for degenerative arthritis of the spine to obtain a new medical opinion that considers an in-service injury after appropriate efforts are made to obtain the appellant's service treatment records.
- Dismissed
The veteran withdrew his appeals for service connection for degenerative arthritis of the spine, bilateral neuropathy below the hips, and a skin disability.
- Remanded (sent back)
The Board remands the matter for further development and readjudication due to an incomplete medical nexus opinion.
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