The Board denied a rating in excess of 20 percent for right lower extremity radiculopathy and remanded the matter regarding a rating in excess of 40 percent for lumbar spine strain with intervertebral disc syndrome.
The deciding factor: The disability was found to be primarily manifest by sensory disturbance, pain, and hypoactive reflexes, which were most analogous to moderate incomplete paralysis. A new VA examination is required for the lumbar spine disability as the previous one did not fully comply with the remand instructions.
- Claimed conditions
- right lower extremity radiculopathy, lumbar spine strain with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 13, 2022
- Citation
- 22001883
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 denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.