From May 9, 2008, the Veteran's lumbosacral spine radiculopathy is manifested by a herniated disk with nerve root impingement of the L5-S1 nerve distribution causing moderate to severe impairment, including pain, numbness and weakness of the left lower extremity and foot. The VA has granted a 40 percent rating for this condition.
The deciding factor: The medical evidence consistently indicated moderately severe lumbar S1 radiculopathy with significant neurological symptoms affecting the left lower extremity, warranting a 40 percent rating under Diagnostic Code 8520.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbosacral spine, Radiculopathy of the L5-S1 nerve distribution
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 31, 2010
- Citation
- 1032813
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 1032813.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for a compensable rating for bilateral hearing loss is dismissed. The claim for a temporary total evaluation based on spinal fusion surgery of the L4-S1 vertebrae is granted. The issue of a rating in excess of 10 percent for DJD, lumbosacral spine with S/P spine fusion of L4-S1, is remanded.
- Denied
The Veteran's appeal for a higher rating for his lumbosacral spine disability and TDIU prior to April 25, 2017 was denied. The Board found that the evidence did not show he was unable to secure or follow substantially gainful employment due to service-connected disabilities.
- Granted
The Veteran's claim for restoration of a 40% rating for DJD of the lumbosacral spine from September 30, 2019 is granted. Claims for higher ratings are denied.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for a retrospective addendum medical opinion regarding his lumbar spine disability, and consideration of TDIU.
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