The Board granted a rating of 40 percent for degenerative disc disease of the lumbar spine, and separate ratings of 10 percent each for sciatic radiculopathy of the left and right lower extremities from May 5, 2009 to May 5, 2013. The Board denied higher ratings for sciatic radiculopathy beyond those dates.
The deciding factor: The Veteran experienced incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks in a 12-month period, which warranted a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. The criteria for higher ratings were not met.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Sciatic radiculopathy of the left lower extremity, Sciatic radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2021
- Citation
- 21062692
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 lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
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