The veteran's claims for increased ratings for intervertebral disc syndrome of the lumbar spine, radiculopathy of the right lower extremity, residuals of a supraspinatus tear of the right shoulder, and residuals of right knee cartilage repair with degenerative joint disease were denied as there was no evidence meeting the criteria for higher ratings under the applicable rating schedule.
The deciding factor: The veteran's motion in the lumbar spine did not meet the criteria for an increased rating beyond 20 percent due to lack of severe recurring attacks or incapacitating episodes. The radiculopathy, shoulder tear, and knee condition were rated at their lowest possible levels as they did not meet the criteria for higher ratings under the applicable diagnostic codes.
- Claimed conditions
- intervertebral disc syndrome of the lumbar spine, radiculopathy of the right lower extremity, residuals of a supraspinatus tear of the right shoulder, residuals of right knee cartilage repair with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 21, 2005
- Citation
- 0528425
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. Search VA.gov for the original decision (opens in a new tab) using citation 0528425.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
- Whole decision: Remanded (sent back)
The Board has determined that the AOJ's decision denying eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is not supported by adequate reasoning and must be remanded to allow for a thorough review, including obtaining medical opinions on whether it is in the best interest of the Veteran to participate in the PCAFC program.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities due to conflicting information in the VA-contracted examination report, which requires clarification on the current severity of the service-connected disabilities without considering diabetic neuropathy. The Veteran is not service-connected for diabetic neuropathy.
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