The Veteran's lumbar spine disability is granted as service connected.,Right lower extremity radiculopathy secondary to service-connected lumbar spine disability is granted.,Left lower extremity peripheral neuropathy, presumed due to Agent Orange exposure, is remanded for further development.
The deciding factor: The evidence is at least evenly balanced as to whether the Veteran's current lumbar spine disability began in service and continues since discharge. The VA medical opinions are of little probative value because they failed to consider the competent and credible lay statements regarding the onset of back pain in service.,The VA examiners provided negative medical opinions indicating that the Veteran’s right lower extremity radiculopathy is caused by his service-connected lumbar spine disability, which satisfies the secondary service connection requirement. The July 2020 VA examiner concluded that the radiculopathy was not 'caused by' diabetes and stems from degeneration of the lower lumbar spine.,The Veteran's peripheral neuropathy has been presumed due to Agent Orange exposure. A new opinion is needed to determine if it is related to his service-connected lumbar spine disability or as a result of Agent Orange exposure.
- Claimed conditions
- lumbar stenosis, right lower extremity radiculopathy, left lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2021
- Citation
- 21004714
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21004714.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
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