The Board granted earlier effective dates for the 40 percent rating of degenerative disc disease, arthritis, status post spinal fusion and service connection for right and left lower extremity femoral and left lower extremity sciatic radiculopathy.

The deciding factor: It is factually ascertainable that an increase in disability had occurred as early as April 7, 2023, based on the Veteran's VA neurosurgery nurse practitioner assessment.

Claimed conditions

Degenerative disc disease, arthritis, status post spinal fusion, Right lower extremity radiculopathy, femoral, Left lower extremity radiculopathy, femoral, Left lower extremity radiculopathy, sciatic

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

January 31, 2025

Citation

A25009084

Want to see how appeals like this one tend to go? Appeals like mine