The Board granted an effective date of March 22, 2017, for the award of service connection for radiculopathy of both lower extremities but denied increased ratings for these conditions and remanded a claim for a higher rating for degenerative disc disease of the lumbar spine.
The deciding factor: The evidence did not support a disability picture involving moderately severe incomplete paralysis for either lower extremity, warranting no more than a 20 percent rating. The effective date was granted based on the first factual ascertainability of the condition within one year prior to the claim being filed.
- Claimed conditions
- Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity, Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24070206
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 Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
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