The Board denied ratings in excess of 10 percent for cervical spine spondylosis and lumbar spine disability, granted a 10 percent rating from May 25, 2022 to May 25, 2023 for radiculopathy of the right lower extremity, and denied a rating in excess of 10 percent from May 25, 2023. The Board also remanded claims for an initial rating in excess of 10 percent for chronic sinusitis and a compensable rating for bilateral hearing loss.
The deciding factor: The Veteran's cervical spine disability did not meet the criteria for a higher rating due to limited forward flexion, while his lumbar spine disability was similarly limited. The radiculopathy of the right lower extremity warranted a 10 percent rating during a specific period but not beyond. The claims for chronic sinusitis and bilateral hearing loss were remanded.
- Claimed conditions
- cervical spine spondylosis at C5-C6 and C6-C7 with bilateral foraminal encroachment, lumbar spine disability (levoscoliosis and spondylosis of the lumbar spine at L5-S1), radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2025
- Citation
- A25035398
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.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
- Denied
The Board denied service connection for various conditions, including left and right eye dry eyes, cataracts of the left and right eyes, neuropathy of the left lower extremity, radiculopathy of the right lower extremity, left renal arteriovenous malformation, aneurysm, pseudofolliculitis barbae (PFB), degenerative joint disease (DJD) of the lumbar spine, recurrent subluxation of the left knee prior to May 13, 2020, left total knee replacement, disability rating in excess of 60 percent from September 1, 2021, forward for left total knee replacement, DJD of the right knee, right knee instability, burns of the bilateral ankles, linear scar of the left knee, post-surgical tender scars of the left knee, and a total disability rating due to unemployability (TDIU) based upon service-connected disabilities prior to June 14, 2019.
- Granted
The Board granted a 40 percent evaluation for the Veteran's lumbosacral strain with spinal stenosis, spondylolisthesis, and intervertebral disc syndrome, as well as radiculopathy of the left and right lower extremities.
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