The Veteran's lumbar spine disorder and associated radiculopathy were found to not warrant a rating higher than 20 percent for the period prior to October 21, 2009 or since December 1, 2009. The right leg radiculopathy was assigned a 10 percent initial evaluation as of January 1, 2008 (excluding the period of entitlement to temporary total disability benefits from October 21, 2009 through November 30, 2009).
The deciding factor: The Veteran's lumbar spine disorder did not meet criteria for a higher rating due to its impact on range of motion and functional impairment. The radiculopathy was found to be equivalent to mild incomplete paralysis.
- Claimed conditions
- lumbar spine disorder classified as laminectomy with degenerative joint disease (DJD), radiculopathy of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 28, 2011
- Citation
- 1140254
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. Read the original VA decision (opens in a new tab) using citation 1140254.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted service connection for sinusitis and a separate disability rating of 10 percent for radiculopathy of the right leg, while denying a compensable rating for allergic rhinitis and a higher rating for degenerative arthritis of the spine.
- Whole decision: Dismissed
The Board dismissed the issues of entitlement to service connection for tinnitus, radiculopathy of the right and left legs, and right and left knee strains due to a procedural error in docketing the appeal.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's application for specially adapted housing or a special home adaptation grant should be remanded due to a regulatory error in determining his eligibility based on permanent and total service-connected disability.
- Whole decision: Remanded (sent back)
The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including low back disability, radiculopathy of the lower extremities, ankle disabilities, and right shoulder disability. The appeals are being remanded for additional development, including obtaining VA treatment records and arranging for updated examinations.
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