The Board denied the restoration of a 40 percent rating for lumbar spine degenerative arthritis and degenerative disc disease, IVDS, and myelopathy but granted the restoration of a 40 percent rating for right upper extremity cervical radiculopathy.
The deciding factor: The evidence did not show actual improvement in symptoms or functional impairment caused by the lower extremity radiculopathies at the time of the reduction, while there was evidence of improvement in the lumbar spine condition.
- Claimed conditions
- Lumbar spine degenerative arthritis and degenerative disc disease, IVDS, and myelopathy, Right upper extremity cervical radiculopathy, Right lower extremity lumbar sciatic nerve radiculopathy, Right lower extremity femoral nerve radiculopathy, Left lower extremity lumbar sciatic nerve radiculopathy, Left lower extremity femoral nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067683
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.
- 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.
- Denied
The Board denied a compensable disability rating for the Veteran's posterior trunk surgical scar and remanded claims related to his bilateral lower extremity radiculopathies.
- Denied
The Board denied the Veteran's claims for a temporary total rating based on convalescence and entitlement to specially adapted housing, as he was not service-connected for a lumbar spine disability at the time of his spinal laminectomy in December 2019, and there is no evidence of loss or loss of use of any extremities that would preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
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