The Veteran's claims for increased ratings and service connection were denied. The RO granted service connection for radiculopathy of the right lower extremity associated with his lumbar spine disability, but did not grant a higher rating.
The deciding factor: The Veteran's lumbar spine disability resulted in loss of forward flexion to 30 degrees or less due to pain and evidence of ankylosis or intervertebral disc syndrome resulting in incapacitating episodes. The radiculopathy associated with the lumbar spine disability did not meet the criteria for a higher rating.
- Claimed conditions
- Post-operative status, hemorrhoidectomy, Degenerative disc disease of the lumbar spine, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 5, 2010
- Citation
- 1000486
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 1000486.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
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