The Veteran's service-connected low back disability and lower extremity radiculopathy are currently rated at 40 percent for the lumbar spine, and 10 percent each for the left and right lower extremities. The claim for increased ratings is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes.
The deciding factor: The Veteran's service-connected low back disability does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, as her range of motion testing did not show any additional limitation after examination. The lower extremity radiculopathy is rated at 10 percent each, which is the maximum rating available based on incomplete paralysis.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Left lower extremity lumbar radiculopathy, Right lower extremity lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 22, 2011
- Citation
- 1127454
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 1127454.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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