The Veteran was granted a 50% rating for degenerative disc disease of the lumbar spine from November 20, 2007 to February 14, 2012 and denied a higher rating thereafter. The Veteran's claims for TDIU prior to February 15, 2012, and increased ratings for left and right lower extremity radiculopathy were also denied.
The deciding factor: The evidence was at least evenly balanced as to whether the Veteran's low back disability symptomatology more nearly approximated unfavorable ankylosis of the thoracolumbar spine from November 20, 2007 to February 14, 2012, but did not meet the criteria for a higher rating thereafter.
- Claimed conditions
- Degenerative disc disease, lumbar spine, Left lower extremity radiculopathy, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2024
- Citation
- 24001263
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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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