The Veteran's claims for increased ratings and service connection were denied. The lumbar spine disability was rated at 40 percent, while the radiculopathy of the bilateral lower extremities received staged ratings.
The deciding factor: The VA examination did not show ankylosis or periods of doctor prescribed bed rest for the lumbar spine, and the Veteran's radiculopathy did not meet the criteria for higher ratings based on severity.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 10, 2013
- Citation
- 1318727
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 1318727.
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: Dismissed
The Board has dismissed the appeals for discontinuance of TDIU, reduction of disability rating for acquired psychiatric disorder, and reduction of disability rating for radiculopathy of the left lower extremity due to lack of response from the Veteran within the required timeframe.
- Whole decision: Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Whole decision: Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Whole decision: Denied
The Board found that the evidence did not show an actual improvement in the Veteran's conditions, and thus denied the reduction requests for his service-connected disabilities.
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