The Board granted service connection for cervical spine strain and sprain, but denied an initial rating in excess of 20 percent evaluation for lumbar spine intervertebral disc syndrome with arthritis and disc protrusion, and an initial rating in excess of 10 percent for right lower extremity radiculopathy. The effective dates for the low back disability and right lower extremity radiculopathy were also denied.
The deciding factor: The decision was based on the evidence showing a causal relationship between the Veteran's service and his current diagnoses, but the criteria for higher ratings were not met due to the severity of the disabilities.
- Claimed conditions
- cervical spine strain and sprain, lumbar spine intervertebral disc syndrome (IVDS) with arthritis and disc protrusion (low back disability), right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067912
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 earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
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