Partly granted
The Board dismissed some claims for increased ratings and denied others. It granted a rating of 40 percent for right lower extremity radiculopathy and TDIU from February 5, 2021, through June 9, 2021. The Board also remanded claims for an initial rating in excess of 30 percent for fecal urgency/incontinence and SMC based upon the need for aid and attendance/housebound.
The deciding factor: The decision was based on procedural defects and the spurious nature of some decisions due to concurrent review under both legacy and AMA systems.
- Claimed conditions
- degenerative arthritis of the spine with intervertebral disc syndrome (IVDS) and spondylolisthesis, left lower extremity radiculopathy associated with degenerative arthritis of the spine with IVDS and spondylolisthesis, major depressive disorder (MDD), mid back scar, post lumbar laminectomy, urinary urgency/incontinence, fecal urgency/incontinence, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2025
- Citation
- A25003525
Want to see how appeals like this one tend to go? Appeals like mine
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