The Board granted an initial 20 percent rating for degenerative disc disease with degenerative joint disease and intervertebral disc syndrome of the thoracolumbar spine prior to May 3, 2023, but denied a higher rating from that date. The claim for an increased rating for left lower extremity radiculopathy was also denied.
The deciding factor: The decision was based on the severity of the Veteran's symptoms and their impact on his daily functioning, as well as the medical evidence provided during the appeal period.
- Claimed conditions
- Degenerative Disc Disease (DDD) with Degenerative Joint Disease (DJD) and Intervertebral Disc Syndrome (IVDS) of the thoracolumbar spine, Left Lower Extremity Radiculopathy, Sciatic Nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2024
- Citation
- 24032285
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 the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Dismissed
The Board dismissed all issues as a matter of law due to a procedural defect in the Veteran's February 2023 VA Form 10182s, which attempted to concurrently elect multiple review options.
- Denied
The appeal regarding the propriety of the award of attorney fees to H.B. was denied, while the issue of reasonableness of the fee award is being remanded for further review.
- Partly granted
The Board granted restoration of the 40 percent rating for the lumbar spine disability, effective November 1, 2023, and denied a higher rating. The claims for increased ratings for radiculopathy and TDIU were remanded.
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