The Board granted a 40 percent increased disability evaluation for the Veteran's service-connected radiculopathy of both sciatic nerves and a 50 percent increased disability evaluation for his lumbosacral strain with degenerative disc disease, facet arthrosis L3-L4 through L5-S1, and neural foraminal stenosis, effective May 27, 2019.
The deciding factor: The evidence was in an approximate balance as to whether the manifestations of the Veteran's service-connected bilateral sciatic nerve radiculopathy most closely approximated 'moderate' or 'moderately severe' incomplete paralysis of the nerve during the period on appeal. Accordingly, resolving any doubt in favor of the Veteran, a 40 percent rating is warranted.
- Claimed conditions
- Radiculopathy of the right sciatic nerve, Radiculopathy of the left sciatic nerve, Lumbosacral strain with degenerative disc disease, facet arthrosis L3-L4 through L5-S1, and neural foraminal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 18, 2025
- Citation
- A25025022
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.
- Granted
The Veteran was granted a rating of total disability due to individual unemployability (TDIU) based upon service-connected disorders effective July 20, 2022, and basic eligibility to Dependents' Educational Assistance (DEA) pursuant to 38 U.S.C. chapter 35 for the same effective date.
- Granted
The Board granted service connection for lumbosacral strain with degenerative disc disease, right shoulder impingement syndrome with rotator cuff strain, and right lower extremity femoral radiculopathy.
- Denied
The Board denied the veteran's claims for an increased rating and a separate compensable rating for his lumbosacral strain with degenerative disc disease and left lower extremity radiculopathy, respectively.
- Granted
The Board granted an effective date of December 5, 2022, for the award of a TDIU and basic eligibility to Dependents' Educational Assistance based on permanent and total disability status.
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