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.

The deciding factor: The evidence was in relative equipoise as to the severity of the Veteran's conditions, leading to the grant of higher ratings where appropriate and denial or continuation of others based on the applicable rating criteria.

Claimed conditions

right lower extremity radiculopathy, left lower extremity radiculopathy, lumbar spine disability with bilateral lower extremity radiculopathy, obstructive sleep apnea with asthma

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

December 30, 2025

Citation

A25110999

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