The Board denied a rating in excess of 40 percent for the veteran's back disability and granted a 10 percent rating for right lower extremity radiculopathy from March 18, 2015 to November 13, 2022, while denying a rating in excess of 20 percent for the same condition after that date.
The deciding factor: The evidence did not show ankylosis or incapacitating episodes requiring bed rest prescribed by a physician, and the radiculopathy was found to be mild incomplete paralysis from March 18, 2015 to November 13, 2022, warranting only a 10 percent rating.
- Claimed conditions
- Back disability, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001645
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 an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- 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 service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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