The Veteran's lumbar spine disability is currently rated at 20 percent, and the neurological symptoms in his left lower extremity are also rated as 40 percent under a separate diagnostic code. The Board finds that neither condition warrants an increase to a higher rating.
The deciding factor: The evidence does not show any additional functional loss or impairment due to flare-ups, pain, weakness, fatigue, or lack of endurance beyond what is already contemplated in the current ratings for lumbar spine disability and left lower extremity neurological symptoms.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Neurological Symptoms in Left Lower Extremity (Sciatic Nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 26, 2015
- Citation
- 1536488
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 1536488.
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.
- 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.
- 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.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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