Service connection for tinnitus is granted.,The rating reduction for right lower extremity radiculopathy from 40 to 20 percent was not proper, and the 40 percent rating is restored effective June 11, 2016.,For the appeal period from March 1, 2016 to June 11, 2016, a higher than 20% rating for left lower extremity radiculopathy affecting the sciatic nerve is denied.,A higher than 20% rating for left lower extremity radiculopathy affecting the femoral nerve is remanded.,A higher than 40% rating for right lower extremity radiculopathy affecting the sciatic nerve is remanded.

The deciding factor: The Veteran's tinnitus had its onset in service, and her lay statements establish continuity of symptomatology. Service connection is granted based on a grant of presumptive service connection under 38 C.F.R. § 3.303(b).,The reduction was not proper because the VA examination did not show actual improvement in the Veteran's ability to function under ordinary conditions of life.,The June 2016 VA examination showed symptoms consistent with moderate incomplete paralysis, which does not warrant a higher rating than 20%.,A new VA examination is needed to determine the current severity and manifestations of the disabilities.,The Veteran's back disability was last evaluated in December 2019. A new VA examination is required.

Claimed conditions

tinnitus, back disability, left lower extremity radiculopathy affecting the sciatic nerve, right lower extremity radiculopathy affecting the sciatic nerve

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

20%

Decision date

September 7, 2023

Citation

23049538

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 23049538.