The Veteran was granted initial ratings of 40 percent for lumbar spine degenerative disc disease, and 20 percent each for left and right lower extremity radiculopathy, sciatic nerve. An effective date of January 19, 2013, was also granted for a total disability rating based on individual unemployability.
The deciding factor: The Veteran's lumbar spine DDD more closely approximates forward flexion of less than 30 degrees, and his bilateral lower extremity radiculopathy, sciatic nerve, more closely approximates moderate symptoms. From January 19, 2013, it is factually ascertainable that the Veteran was unable to obtain or maintain substantially gainful employment due to his service-connected disabilities.
- Claimed conditions
- Lumbar spine degenerative disc disease (DDD), Left lower extremity radiculopathy, sciatic nerve, Right lower extremity radiculopathy, sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 28, 2025
- Citation
- A25038727
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 an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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