The Board granted an effective date of October 16, 2017 for the award of service connection for left lower extremity radiculopathy and denied a higher initial rating for thoracolumbar spine disability. The claim for right lower extremity neurological disability was remanded.

The deciding factor: The evidence is approximately evenly balanced as to whether entitlement to service connection for left lower extremity radiculopathy, as secondary to the service-connected back disability, arose prior to or contemporaneous with the Veteran's October 16, 2017 claim. The rating assigned was based on the severity of the thoracolumbar spine condition during different periods.

Claimed conditions

left lower extremity radiculopathy, thoracolumbar spine disability (degenerative disc disease, degenerative joint disease, wedge deformities)

How they argued it

Secondary to another service-connected condition

Exposure basis

None

Rating assigned

40%

Decision date

February 6, 2025

Citation

A25011286

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