The Board granted an initial rating of 50 percent for degenerative arthritis of the thoracolumbar spine and separate ratings of 40 percent each for left and right lower extremity (LLE and RLE) radiculopathy.
The deciding factor: The Veteran's symptoms more closely approximated unfavorable ankylosis of the thoracolumbar spine, warranting a 50 percent rating. The LLE and RLE radiculopathy were found to be severe but not complete, warranting separate 40 percent ratings.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine, Left lower extremity (LLE) radiculopathy, Right lower extremity (RLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- 24032564
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 Board granted an effective date of April 10, 2015, for the grant of service connection for left lower extremity radiculopathy and granted initial ratings of 40 percent for both right and left lower extremity radiculopathy from April 10, 2015, to June 1, 2020.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Partly granted
The Board granted a 40 percent rating for degenerative disc disease (DDD) with degenerative arthritis and retrolisthesis from February 16, 2021. Other claims were denied.
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