The Veteran's service-connected low back disability and radiculitis of the left lower extremity are not rated higher than 10 percent, as there is no evidence of severe limitation of motion or additional neurological deficits.
The deciding factor: The Veteran's degenerative disc disease does not meet criteria for a higher rating due to lack of significant range of motion impairment and absence of incapacitating episodes. Radiculitis only warrants a 10% rating, as it is currently rated at the maximum allowed under Diagnostic Code 8521.
- Claimed conditions
- Degenerative disc disease, status post lumbar laminectomy at L5-S1, Radiculitis of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 31, 2010
- Citation
- 1011939
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 1011939.
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.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The Board granted service connection for degenerative disc disease, effective November 21, 2022.
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