The Board denied the veteran's claim for an increased evaluation for his service-connected lumbar degenerative disc disease with left S1 radiculopathy, finding that the current 60 percent rating is the maximum allowed under the applicable diagnostic code. The issue of entitlement to total disability based on individual unemployability (TDIU) was not addressed as it was inextricably intertwined with the claim for an increased evaluation.
The deciding factor: The veteran's lumbar degenerative disc disease with left S1 radiculopathy is already rated at its maximum under Diagnostic Code 5293, and further increase based on functional loss due to pain or flare-ups was not warranted as it would result in pyramiding.
- Claimed conditions
- lumbar degenerative disc disease with left S1 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- August 29, 2002
- Citation
- 0210806
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0210806.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The veteran's claim for an increased evaluation of his service-connected lumbar degenerative disc disease with left S1 radiculopathy was denied. His claim for a total rating based on individual unemployability due to service-connected disabilities was also denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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