The Veteran's lumbar spine disability does not warrant a higher rating than the currently assigned 20 percent for functional impairment of the lumbar spine. The radiculopathy of the right lower extremity is rated at 10 percent and does not warrant a higher rating.
The deciding factor: The evidence shows that forward flexion of the thoracolumbar spine has never been limited to 30 degrees or less, and there have been no incapacitating episodes during any 12 month period. The Veteran's radiculopathy is manifested by 'very mild' right S1 radiculopathy resulting in numbness, weakness, and a 'throbbing sensation'.
- Claimed conditions
- Degenerative spondylosis of the lumbar spine, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 25, 2013
- Citation
- 1323739
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 1323739.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
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