The Board granted service connection for a low back disability as secondary to the service-connected right hip disability and reopened and granted service connection for lumbar spine degenerative disc disease with degenerative arthritis. The issues of a compensable rating for the right hip, left lower extremity radiculopathy, and left foot plantar fasciitis were remanded.
The deciding factor: The decision was based on new evidence showing a relationship between the service-connected right hip disability and the low back disability, as well as resolving reasonable doubt in favor of the Veteran regarding the secondary nature of the low back disability to the right hip disability.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD) with degenerative arthritis, stress fracture right femoral neck (right hip disability), left lower extremity (LLE) radiculopathy, left foot plantar fasciitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2024
- Citation
- 24000601
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 a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, type II diabetes, diabetic peripheral neuropathy of both lower extremities, left and right knee disabilities, and left and right foot plantar fasciitis to obtain additional medical evidence.
- Partly granted
The Board denied service connection for upper chest wall pain and right sciatic radicular pain, while remanding claims for secondary service connection involving the feet, legs, and ankles.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
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