The Board granted restoration of the 40 percent rating for degenerative disc disease of the lumbar spine with degenerative arthritis and restored the 40 percent ratings for left lower extremity (LLE) sciatic radiculopathy and right lower extremity (RLE) sciatic radiculopathy, effective September 16, 2022. The Board denied a rating in excess of 40 percent for the back condition beginning June 3, 2023, granted a separate noncompensable rating for urinary leakage secondary to the back condition beginning June 3, 2023, and denied increased ratings for tinnitus, bilateral hearing loss, and unspecified depressive disorder.

The deciding factor: The decision was based on the evidence showing that improvement of service-connected conditions would not be maintained under ordinary conditions of life and work, with the exception of urinary leakage which warranted a separate noncompensable rating.

Claimed conditions

Degenerative disc disease of the lumbar spine with degenerative arthritis, Unspecified Depressive Disorder, Tinnitus, Bilateral hearing loss, Urinary leakage, secondary to back condition, Sciatic radiculopathy (left lower extremity), Sciatic radiculopathy (right lower extremity), Toe disorder (claimed as toe fungus)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

February 26, 2025

Citation

A25017660

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