The Veteran's claim for increased ratings for his service-connected traumatic arthritis of the lumbar spine and radiculopathy of the left lower extremity was denied. However, a separate rating of 20 percent for radiculopathy of the left lower extremity from June 29, 2017, was granted.
The deciding factor: The Veteran's back disability did not meet criteria for higher ratings at any time across the appeal period, but his radiculopathy met criteria for a separate rating of 20 percent as of June 29, 2017.
- Claimed conditions
- Traumatic arthritis of the lumbar spine, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 28, 2020
- Citation
- 20081161
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
- Granted
The Board granted service connection for a low back disorder, radiculopathy of the left lower extremity on a secondary basis, and radiculopathy of the right lower extremity on a secondary basis.
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