The Veteran's claims for increased ratings and TDIU were denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.
The deciding factor: The VA examinations and treatment records showed that the Veteran had mild to moderate symptoms of back pain, radiculopathy, and decreased sensation in his legs. However, these findings did not meet the criteria for a higher rating as defined by the applicable Diagnostic Codes (e.g., unfavorable ankylosis or incapacitating episodes).
- Claimed conditions
- Herniated disc at L3-S1, Spinal stenosis at L4-5, Left leg lumbar radiculopathy, Right leg lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2011
- Citation
- 1125775
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 1125775.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased disability ratings for left upper extremity radiculopathy and left leg lumbar radiculopathy have been remanded due to insufficient evidence. The Board found that the current ratings do not fully reflect the severity of his symptoms.
- Denied
The Board denied an initial rating in excess of 10 percent for right leg lumbar radiculopathy (previously rated as right lower extremity sciatica), finding that the disability is manifested by symptoms most closely approximating mild, incomplete paralysis.
- Granted
The Veteran's claim for a higher rating of 40 percent for his thoracolumbar spine disorder, which began in October 2013, was granted. The decision also noted that the Veteran has left leg lumbar radiculopathy, rated at 10 percent.
- Granted
The Veteran's spinal stenosis at L4-5 was evaluated as 10 percent disabling from November 30, 2001 to August 28, 2008; as 20 percent disabling from August 28, 2003 to November 19, 2008; and as 40 percent disabling from November 19, 2008. The current rating of 40 percent is affirmed.
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