The Veteran's claim for a higher initial rating for right lower extremity radiculopathy prior to May 29, 2015 was denied as the evidence did not support a rating in excess of 10 percent.,The Veteran's TDIU claim was granted due to his service-connected disabilities rendering him unable to secure or maintain gainful employment.
The deciding factor: The preponderance of the evidence showed that the Veteran's right lower extremity radiculopathy did not meet the criteria for a higher rating than 10 percent prior to May 29, 2015.,The Veteran was found to be unemployable due to his service-connected disabilities.
- Claimed conditions
- Right Lower Extremity Radiculopathy, Right Calf Muscle Atrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 9, 2021
- Citation
- 21041589
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 21041589.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
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