The veteran's initial claim for higher ratings for his low back disability and radiculopathy of the lower extremities was denied. The RO/AMC increased the rating for the low back disability to 40 percent effective August 10, 2006, but denied any higher ratings prior to that date or for the right and left lower extremity radiculopathies.
The deciding factor: The medical evidence did not meet the criteria for a higher rating under the former diagnostic codes for IVDS (DC 5293) before September 23, 2002, and after that date until August 10, 2006. The veteran's radiculopathy was rated as no more than mild.
- Claimed conditions
- Low back disability (herniated nucleus pulposis at the L4-5 level and degenerative disc disease (DDD) at the L4-5 and L5-S1 levels), Radiculopathy of left lower extremity, Radiculopathy of right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 4, 2008
- Citation
- 0826109
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 0826109.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's radiculopathy of the left and right lower extremities were granted service connection effective October 25, 2018.,PTSD was also granted service connection effective July 10, 2007. The Veteran requested an earlier effective date for PTSD, but this was denied.
- Granted
The Veteran's service-connected disabilities render him so helpless as to need regular aid and attendance of another person, resulting in the grant of SMC at the A&A rate. The question of entitlement to SMC on account of being housebound is moot due to the grant of SMC based on A&A.
- Denied
The Board denied entitlement to initial ratings in excess of 20 percent for radiculopathy of the left and right lower extremities, finding that the Veteran's symptoms were primarily manifested by intermittent pain and moderate incomplete paralysis.
- Partly granted
The Board granted a disability rating of 20 percent for radiculopathy of the right and left lower extremities, but denied ratings in excess of 20 percent.
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