The Board denied a rating in excess of 10 percent for degenerative arthritis of the spine and IVDS prior to March 21, 2020, but granted a 20 percent rating for left and right lower extremity radiculopathy for the same period.
The deciding factor: The Veteran's symptoms more closely approximated moderate incomplete paralysis for his left and right lower extremities, warranting a 20 percent rating. However, there was no evidence of worsening that would support a higher rating for degenerative arthritis of the spine and IVDS or a higher rating for the right shoulder.
- Claimed conditions
- Degenerative arthritis of the spine and intervertebral disc syndrome (IVDS), Left lower extremity radiculopathy, Right lower extremity radiculopathy, Right shoulder impingement syndrome with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2024
- Citation
- 24002888
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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