The Veteran's lumbar spine disability was granted a 40 percent rating, but no higher. The claims for increased ratings for left lower extremity radiculopathy and right great toe scar were denied.
The deciding factor: The Veteran's lumbar spine disability symptoms more nearly approximated forward flexion of 30 degrees or less during flare-ups, warranting a 40 percent rating. However, the evidence did not support higher ratings for left lower extremity radiculopathy and right great toe scar.
- Claimed conditions
- lumbosacral strain with intervertebral disc syndrome (lumbar spine disability), left lower extremity radiculopathy, scar of the right great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 12, 2025
- Citation
- A25022615
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.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
- Denied
The Board denied the veteran's claims for service connection, increased ratings, and earlier effective dates as there was no evidence to support a causal relationship between his current conditions and his active military service.
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