The Board granted service connection for thoracolumbar strain and right and left lower extremity radiculopathy, as well as an increased rating for other specified depressive disorder. Some issues were remanded.
The deciding factor: Service connection was granted based on a reasonable possibility of substantiating the claim for thoracolumbar strain and radiculopathy due to in-service injury, and the severity of the Veteran's depressive disorder symptoms did not more closely approximate total occupational and social impairment.
- Claimed conditions
- thoracolumbar strain/pain, degenerative arthritis, bulging discs at L5/S1 and L4/L5, intervertebral disc syndrome (thoracolumbar strain), right ankle disorder, left ankle disorder, other specified depressive disorder, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 19, 2024
- Citation
- 24002961
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 denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
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