The Board granted the veteran's appeal and reinstated the 20 percent rating for left lower extremity radiculopathy, as the reduction was improper due to a failure to follow required procedural regulations.
The deciding factor: The reduction was improper because it did not comply with the procedural requirements of 38 C.F.R. § 3.105(e), which mandates notification and an opportunity for the veteran to present additional evidence or request a predetermination hearing.
- Claimed conditions
- left lower extremity radiculopathy (LLER)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 31, 2024
- Citation
- A24070447
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 Board granted service connection for right knee strain, osteoarthritis, and patellofemoral pain syndrome, a left hip condition, and a right eye injury to include double vision. The Board also granted ratings of 30 percent for migraine headaches prior to December 13, 2021, and 20 percent from March 26, 2022, for left lower extremity radiculopathy (LLER).
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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