The Veteran's service-connected right L5 radiculopathy and L4-L5 herniated disc with lumbosacral paravertebral myositis have been manifested by significant loss of motion but no ankylosis, either favorable or unfavorable. There is no evidence of incapacitating episodes having a total duration of at least six weeks during the past 12 months.
The deciding factor: The Veteran's lumbar spine disorder has not resulted in any ankylosis and there have been no documented incapacitating episodes meeting the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Right L5 radiculopathy, L4-L5 herniated disc with lumbosacral paravertebral myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 4, 2013
- Citation
- 1328190
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 1328190.
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.
- Granted
The Board has determined that the Veteran's low back disorder with associated symptoms affecting his lower extremities is service-connected, as it likely began during his military service and persists to this day.
- Denied
The Veteran's appeal for an effective date earlier than February 6, 2009 for service connection of right L5 radiculopathy was denied. The claim for higher initial evaluations for lumbosacral spine disability prior to April 17, 2002 and in excess of 40 percent thereafter after February 6, 2009 is also denied.
- Granted
The Veteran's cervical and lumbar spine disabilities are found to be at least as likely as not related to his service, including parachute jumps. The claim for service connection is granted.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a new VA examination and consideration of updated outpatient records. The case will be returned to the Board for further action.
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