The Board has determined that the Veteran does not have current radiculopathy in his lower extremities and finds no evidence of a service-connected disability causing or aggravating this condition. The reduction from a 40 percent rating to a 20 percent rating for lumbar disc disease is denied as there was no material improvement demonstrated.
The deciding factor: The Veteran does not have current radiculopathy in his lower extremities and the evidence does not show sustained, material improvement in his lumbar disc disease that would warrant restoration of the higher disability rating.
- Claimed conditions
- bilateral radiculopathy of the lower extremities, lumbar disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 15, 2010
- Citation
- 1026406
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 1026406.
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.
- Granted
The Board granted service connection for left knee strain, lumbar disc disease, and cervical spine disability based on evidence supporting an in-service onset of symptoms that have continued to the present.
- Denied
The appeal for an increased evaluation in excess of 20 percent for lumbosacral strain and thoracic strain was denied, while other issues were remanded.
- Partly granted
The Board granted a rating of 40 percent for the lumbosacral strain from May 18, 2023, to December 12, 2023, and denied ratings in excess of 20 percent prior to May 18, 2023, and in excess of 40 percent since December 12, 2023. Service connection for bilateral radiculopathy of the lower extremities was also granted as secondary to a service-connected lumbar spine disability.
- Remanded (sent back)
The Board remands the Veteran's claims for a higher disability rating for lumbar disc disease due to inadequate medical examinations.
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