The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.
The deciding factor: The January 2011 VA examination did not support the conclusion that the Veteran was unable to engage in any type of employment due to his service-connected conditions, as there is no evidence of incapacitating episodes or hospitalizations related to these conditions within the past six years.
- Claimed conditions
- post-operative status, herniated nucleus pulposus L5, radiculopathy of the lower left extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 21, 2011
- Citation
- 1142764
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 1142764.
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 Board has decided to remand the Veteran's claims for increased disability ratings for radiculopathy of the bilateral lower extremities due to a lack of adequate evaluation in the previous VA examination. A new VA examination is required to determine the severity of these conditions.
- Remanded (sent back)
The Board has remanded the claims for increased ratings and TDIU due to inadequate medical examinations. Another examination is needed to assess the severity of the Veteran's left knee, lumbar spine, and associated radiculopathy.
- Denied
The Veteran's left ear hearing loss was not granted a compensable rating.,For the period from March 23, 2017, to April 27, 2018, the Veteran received a maximum schedular rating for IBS under Diagnostic Code 7319. For the period since April 27, 2018, the Veteran's IBS has been manifested by moderate symptomatology with frequent episodes of bowel disturbance.,The Veteran's sinusitis did not meet criteria for an increased rating as it was not characterized by incapacitating episodes or a history of sinus surgery.,The calluses on the bilateral feet were not painful and collectively measured less than 144 sq. in., thus not meeting criteria for an increased rating.,Right and left knee disabilities have been manifested by findings of limitation of flexion resulting in additional functional loss, but did not meet criteria for a higher rating as they are already at the maximum schedular rating under Diagnostic Code 5260.,The Veteran's right knee instability was granted an initial 30 percent rating and left knee instability was granted an initial 10 percent rating based on moderate recurrent lateral instability.,Radiculopathy of the bilateral lower extremities has been rated at 20 percent, consistent with moderate incomplete paralysis of the sciatic nerve.,The Veteran's TMJ disability is related to a service-connected disability and thus granted service connection.,Crohn's Disease was not found to be incurred or aggravated during service.,Respiratory disability and sleep apnea were not found to be incurred or aggravated during service.,Right and left ankle disabilities were not shown in service and are not otherwise related to service.
- Granted
The Veteran is granted a disability rating of 40 percent for radiculopathy of the lower left extremity, effective December 1, 2019. The evidence shows that the Veteran's incomplete paralysis was at least moderately severe.
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