The Veteran's lumbar spine disability is rated at 40 percent since July 11, 2006 and the left lower extremity radiculopathy is rated at 20 percent from January 8, 2007 to August 18, 2013. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.,Prior to August 19, 2013, the Veteran's left lower extremity radiculopathy is rated at 40 percent. After that date, there is no evidence of muscle atrophy or severe incomplete paralysis, which would warrant an even higher rating.
The deciding factor: The Veteran's lumbar spine disability and associated left leg radiculopathy do not meet the criteria for a higher rating under any applicable diagnostic codes.
- Claimed conditions
- Chronic progressive mechanical low back pain with degenerative disc disease, lumbar spondylosis and intervertebral disc syndrome, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 11, 2015
- Citation
- 1534197
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 1534197.
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.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- 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.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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