The Board denied increased ratings for the Veteran's lumbar spine disability and radiculopathy of both lower extremities, except for a 20% rating assigned to each from August 15, 2022 onwards.
The deciding factor: The evidence did not support higher ratings due to the limited range of motion and mild incomplete paralysis in the Veteran's lower extremity radiculopathy prior to August 15, 2022. However, starting on that date, the symptoms worsened to moderate incomplete paralysis justifying a 20% rating.
- Claimed conditions
- Lumbar Spine Disability, Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23000973
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 the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Denied
The Board denied the Veteran's appeal for a higher rating for his lumbar spine disability, both before and after November 8, 2024.
- Partly granted
The Board denied increased ratings for the Veteran's service-connected bilateral hearing loss, right lower extremity radiculopathy, and facial scars, status post excision of cyst of left and right jaw. However, it granted an initial 40% rating for right lower extremity radiculopathy from June 3, 2024.
- Dismissed
The Board dismissed all issues as a matter of law due to a procedural defect in the Veteran's February 2023 VA Form 10182s, which attempted to concurrently elect multiple review options.
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.