The Veteran's back disability is rated at 40 percent for the entire appeal period, with a separate 20 percent rating granted for right and left lower extremity radiculopathy from February 27, 2019.,Prior to February 27, 2019, the Veteran's back disability was rated at 40 percent. From that date forward, he is entitled to a separate 20 percent rating for each of his lower extremity radiculopathy conditions.
The deciding factor: The evidence shows an increase in severity of the Veteran's right and left lower extremity radiculopathy from February 27, 2019, warranting higher ratings.
- Claimed conditions
- Thoracolumbar spine scoliosis with spondylosis and degeneration (back disability), Radiculopathy of right lower extremity, Radiculopathy of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 14, 2021
- Citation
- 21074071
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 21074071.
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.
- Denied
The Veteran's radiculopathy of the left and right lower extremities were granted service connection effective October 25, 2018.,PTSD was also granted service connection effective July 10, 2007. The Veteran requested an earlier effective date for PTSD, but this was denied.
- Granted
The Veteran's service-connected disabilities render him so helpless as to need regular aid and attendance of another person, resulting in the grant of SMC at the A&A rate. The question of entitlement to SMC on account of being housebound is moot due to the grant of SMC based on A&A.
- Denied
The Board denied entitlement to initial ratings in excess of 20 percent for radiculopathy of the left and right lower extremities, finding that the Veteran's symptoms were primarily manifested by intermittent pain and moderate incomplete paralysis.
- Partly granted
The Board granted a disability rating of 20 percent for radiculopathy of the right and left lower extremities, but denied ratings in excess of 20 percent.
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