The Board granted a 20 percent rating for the lumbar spine disability and trapezius muscle spasms, but denied a higher rating for the lumbar spine. It also granted ratings of 40 percent and 30 percent for radiculopathy in the right and left upper extremities respectively.
The deciding factor: The decision was based on the severity of the Veteran's symptoms as they related to the applicable rating criteria, including pain, limitation of motion, and functional impairment.
- Claimed conditions
- Lumbar spine disability, Trapezius muscle spasms, Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000270
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.
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.