The Board granted an effective date of May 17, 2013, for a separate disability rating for right lower extremity radiculopathy and granted a 40 percent disability rating for lumbar spine degenerative disc disease.
The deciding factor: The evidence was in at least approximate balance as to whether the Veteran's lumbar spine DDD manifested symptoms of radiculopathy prior to May 17, 2013, and there was an approximate balance of evidence regarding limitation of forward flexion of the thoracolumbar spine.
- Claimed conditions
- Lumbar spine degenerative disc disease, Right lower extremity radiculopathy, sciatic nerve, Left lower extremity radiculopathy, sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 24, 2024
- Citation
- A24068797
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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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