The Veteran's initial claim for higher ratings for his lumbar spine disability was denied as there were no findings meeting the criteria for a higher rating. However, he was granted separate compensable ratings for radiculopathy of the right and left lower extremities from January 27, 2012 onwards.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating based on flexion to 30 degrees or less, incapacitating episodes, ankylosis, or separately ratable neurological impairment. The separate compensable ratings for radiculopathy were granted as they met the criteria.
- Claimed conditions
- herniated nucleus pulposus of the lumbar spine, radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2012
- Citation
- 1240256
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 1240256.
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 Veteran's appeal for a compensable disability rating for service-connected migraine headaches is remanded due to the need for further evaluation and consideration.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of both lower extremities is being remanded due to a failure to obtain relevant private medical records. The AOJ will consider these records when readjudicating the claim.
- Granted
The Board has granted service connection for neurological impairment of the right and left lower extremities, variously diagnosed as neuropathy and radiculopathy, which is secondary to the Veteran's service-connected back disability.
- Granted
The Veteran's PTSD symptoms have caused occupational and social impairment with reduced reliability and productivity. The effective date for the grant of service connection for radiculopathy, right lower extremity is granted as August 24, 2012.
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