The Board granted earlier effective dates for the award of a separate 40 percent disability rating for radiculopathy of the sciatic nerve of both lower extremities and a 70 percent disability rating for PTSD, to include anxiety, sleep impairment, depression, seclusion, anger outburst due to chronic traumatic instability status post decompression of the right shoulder.

The deciding factor: The increase in the Veteran's radiculopathy was factually ascertainable as of September 20, 2020, and he filed his claim for an increased rating within one year of that date. The criteria for a separate 40 percent disability rating were first shown to be met at the August 2021 lumbar spine examination.

Claimed conditions

Radiculopathy of the sciatic nerve of the left lower extremity, Radiculopathy of the sciatic nerve of the right lower extremity, Posttraumatic stress disorder (PTSD), to include anxiety, sleep impairment, depression, seclusion, anger outburst due to chronic traumatic instability status post decompression of the right shoulder

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

70%

Decision date

February 24, 2025

Citation

A25016162

Want to see how appeals like this one tend to go? Appeals like mine