The Board granted restoration of a 40% rating for T-9 compression fracture, status post lumbar decompression L3 - L5 and lumbar fusion, with IVDS and degenerative arthritis, as well as increased ratings to 40% for right and left lower extremity radiculopathy of the sciatic nerve.
The deciding factor: The evidence did not support an improvement in the Veteran's back disability under ordinary conditions of life and work, thus restoration of the 40% rating was warranted. The symptoms of the bilateral lower extremity radiculopathy were found to be moderately severe but without muscle atrophy or use of assistive devices.
- Claimed conditions
- T-9 compression fracture, status post lumbar decompression L3 - L5 and lumbar fusion, with intervertebral disc syndrome (IVDS) and degenerative arthritis, Right lower extremity radiculopathy of the sciatic nerve, Left lower extremity radiculopathy of the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2025
- Citation
- A25031530
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.
- Partly granted
The Veteran was granted a 40% rating for his low back condition and a 60% rating for left lower extremity radiculopathy of the sciatic nerve, while other claims were denied.
- Denied
The Board denied the veteran's appeals for increased ratings and remanded certain issues, including TDIU and SMC.
- Partly granted
The Board granted restoration of 20 percent ratings for left and right lower extremity radiculopathies of the sciatic and femoral nerves, but denied increased ratings in excess of 20 percent. The Board also remanded service connection for prostate cancer and a rating increase for low back strain.
- Partly granted
The Board granted service connection for left lower extremity radiculopathy of the sciatic nerve and an initial rating of 40 percent for lumbosacral strain, while denying service connection for right foot pain. Other claims were remanded.
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