The Veteran's cervical spine disability is granted as service-connected.,The effective date for the lumbar spine disability is set at June 14, 2017.,A 40 percent rating for the lumbar spine disability is assigned with a June 14, 2017, effective date.,Separate ratings for left lower extremity radiculopathy of the sciatic nerve and femoral nerve are granted with a June 14, 2017, effective date.,The right knee disability is rated at 30 percent with a June 14, 2017, effective date.,Right lower extremity radiculopathy of the sciatic nerve and femoral nerve are each rated at 20 percent with effective dates prior to January 14, 2019.,The right knee instability is rated at 10 percent with an effective date prior to June 12, 2020.,Service connection for a migraine headache disorder is granted and the earliest possible effective date of November 7, 2017, is assigned.

The deciding factor: Granting reasonable doubt to the Veteran, it was factually ascertainable his lumbar spine disability manifested as flexion limited to 30 degrees or less as of June 14, 2017.,Granting reasonable doubt to the Veteran, it was factually ascertainable he had left lower extremity radiculopathy of the femoral nerve related to his service-connected lumbar spine disability as of June 14, 2017.,Granting reasonable doubt to the Veteran, it was factually ascertainable he had left lower extremity radiculopathy of the sciatic nerve related to his service-connected lumbar spine disability as of June 14, 2017.,It was not factually ascertainable based on the evidence of record that the Veteran's right lower extremity radiculopathy of the femoral nerve occurred prior to January 14, 2019.,It was not factually ascertainable based on the evidence of record that the Veteran's right lower extremity radiculopathy of the sciatic nerve occurred prior to January 14, 2019.,It was not factually ascertainable based on the evidence of record that the Veteran's right knee disability manifested as flexion limited to 15 degrees or greater prior to June 12, 2020.,It was not factually ascertainable based on the evidence of record that the Veteran's right knee disability manifested as instability prior to June 12, 2020.,The April 15, 2009, rating decision is final.,Granting reasonable doubt to the Veteran, it was factually ascertainable his migraine headache disorder had onset during service and has continued since then.

Claimed conditions

cervical spine disability, lumbar spine disability, migraine headache disorder

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

July 18, 2024

Citation

A24039232

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24039232.