Throughout the appellate term, the veteran's lumbar degenerative disc disease was not manifested by either unfavorable ankylosis of the lumbar or thoracolumbar spine, or by incapacitating episodes.,From March 25 to May 12, 2003, the veteran's lumbar degenerative disc disease was not manifesting lower extremity radiculopathy of a compensable degree. From May 13, 2003 and thereafter, the veteran's low back disorder was objectively manifested by mild left lower extremity radiculopathy. Since December 1, 2003, the veteran's low back disorder has not manifested moderately severe left lower extremity radiculopathy.
The deciding factor: The veteran's lumbar degenerative disc disease did not meet the criteria for an increased rating as it was not shown to be associated with unfavorable ankylosis or incapacitating episodes. The neurological manifestations were found to be mild at times, and did not warrant a higher evaluation.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2008
- Citation
- 0803332
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 0803332.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
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