The Board granted service connection for a lumbar spine disability and remanded the issue of entitlement to service connection for bilateral lower extremity radiculopathy, to include as secondary to a service-connected disability.
The deciding factor: The evidence was in relative equipoise regarding the Veteran's back pain symptoms manifesting with continued symptomatology leading to degenerative arthritis and spinal stenosis after an in-service injury. The Board also remanded for a VA opinion on the etiology of the bilateral lower extremity radicopathy.
- Claimed conditions
- Lumbar spine disability, Bilateral lower extremity radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 5, 2023
- Citation
- 23000635
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 chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- 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.
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