The Board granted ratings for thoracic degenerative disc disease with resolved lumbar strain with osteoporosis and left and right lower extremity radiculopathy, but denied increased ratings. The decision also remanded service connection claims.
The deciding factor: The disability ratings were based on the severity of the Veteran's symptoms during flare-ups and with repeated use, as well as the range of motion testing for pain on active motion, passive motion, weight-bearing, nonweight-bearing, and with the range of the opposite undamaged joint.
- Claimed conditions
- Thoracic degenerative disc disease with resolved lumbar strain with osteoporosis, Left lower extremity radiculopathy, Right lower extremity radiculopathy, Left hip osteoporosis, Right hip osteoporosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2022
- Citation
- 22001155
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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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