The Veteran's initial ratings for thoracolumbar DJD, LLE radiculopathy, and RLE radiculopathy have been granted at the maximum available rating of 60 percent. SMC based on one service-connected disability rated as total (due to additional service-connected disabilities) has also been granted.
The deciding factor: The Veteran's thoracolumbar DJD is manifested by incapacitating episodes with a total duration of at least 6 weeks during the past 12 months, warranting an initial rating of 60 percent. The LLE and RLE radiculopathy are both rated at 80 percent due to complete paralysis and foot drop.
- Claimed conditions
- Thoracolumbar Degenerative Joint Disease (DJD), Left Lower Extremity Radiculopathy, Right Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 11, 2023
- Citation
- 23002037
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 23002037.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
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