The Board denied the Veteran's claim for a rating in excess of 20 percent for right leg radiculopathy based on the evidence showing mild incomplete paralysis.
The deciding factor: The disability was found to be primarily manifest by pain, and there was no evidence of impairment of motor functions, trophic changes, sensory disturbance, loss of reflexes, muscle atrophy, or complete paralysis.
- Claimed conditions
- right leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23000832
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 cervical and lumbar spine degenerative disc disease, left elbow sprain, right elbow enthesophyte, left knee strain and enthesophyte, right knee strain, and right leg radiculopathy but denied service connection for an acquired psychiatric disorder, including PTSD.
- Partly granted
The Board granted service connection for left and right hip strain, left and right ankle pain, and bilateral plantar fasciitis as secondary to the Veteran's service-connected bilateral knee disability. The claims for allergic rhinitis, chronic sinusitis, chronic headaches, irritable bowel syndrome (IBS), and post traumatic residual pain and cramping of the left lower leg were remanded.
- Remanded (sent back)
The Board is remanding the claims for a neurological examination to address concerns raised by the Court regarding the October 2020 VA examination report.
- Partly granted
The Board granted an evaluation of 20 percent for bulging disc, lumbosacral strain, effective from May 16, 2023, to June 28, 2024, and denied earlier effective dates for the awards of service connection for left and right leg radiculopathy, as well as for rhinitis and sinusitis.
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