The Board denied increased ratings for degenerative disc disease of the lumbar spine and associated radiculopathies, but granted earlier effective dates for service connection of right lower extremity femoral nerve radiculopathy, right lower extremity sciatic nerve radiculopathy, and left lower extremity sciatic nerve radiculopathy.
The deciding factor: The evidence did not support higher ratings due to the severity of the conditions, but earlier effective dates were granted based on when the disability was first demonstrated in an EMG report.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Left lower extremity sciatic nerve radiculopathy, Right lower extremity sciatic nerve radiculopathy, Right lower extremity femoral nerve radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- Citation
- 24004206
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.
- Granted
The Board granted earlier effective dates of June 2, 2023, for the grant of service connection for various conditions and eligibility to Dependents' Educational Assistance.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Partly granted
The Board granted a 40 percent rating for the low back disability, denied an increased rating in excess of 20 percent for right lower extremity femoral nerve radiculopathy, granted a separate 10 percent rating for left lower extremity femoral nerve radiculopathy, and denied service connection for bilateral hearing loss.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.