The Veteran's service-connected lumbar spine disorder is not manifested by ankylosis, incapacitating episodes as defined by VA regulations having a total duration of at least 6 weeks during a 12 month period, or any other associated neurologic impairment. For the period prior to September 7, 2010, his service-connected radiculopathy of the left lower extremity is not manifested by moderately severe incomplete paralysis. Since September 7, 2010, it has not been manifested by severe incomplete paralysis with marked muscular atrophy.
The deciding factor: The Veteran's lumbar spine disorder does not meet the criteria for a higher rating as defined in the General Rating Formula for Diseases and Injuries of the Spine due to lack of ankylosis or incapacitating episodes. The radiculopathy has also not met the criteria for a higher rating since September 7, 2010.
- Claimed conditions
- lumbosacral discogenic disease, spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 12, 2011
- Citation
- 1133918
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 1133918.
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.
- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
- Granted
The Board has determined that the Veteran's back disability, diagnosed as lumbar strain, spinal stenosis and degenerative disc disease (DDD) of the lumbar spine, is causally related to service. As such, service connection for this condition is granted.
- Granted
The Veteran's degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis, right knee total arthroplasty, and left knee strain are all granted service connection as directly related to his military service.
- Dismissed
The Veteran's appeal for service connection regarding cervical strain with IVDS, spinal fusion, and spinal stenosis was dismissed because the Veteran died during the pendency of the appeal.
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