The Veteran's lower back disability is currently rated at 40 percent, and his right L5/S1 lumbar radiculopathy is rated at 10 percent. Both conditions are denied as the evidence does not support a higher rating.
The deciding factor: The Veteran’s current range of motion in the thoracolumbar spine is limited to 30 degrees forward flexion, which falls short of the criteria for a higher disability rating under the General Rating Formula for Diseases and Injuries of the Spine. His right L5/S1 lumbar radiculopathy has been characterized as mild intermittent pain with paresthesias and/or dysesthesias and numbness to the right lower extremity, which does not meet the criteria for a higher disability rating under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Dextro rotoscoliosis of the lumbar spine, Right L5/S1 lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 21, 2016
- Citation
- 1611397
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 1611397.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate examinations and the need for a retrospective opinion regarding the severity of his service-connected lumbar spine disability.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis of the lumbar spine, is related to service and granted service connection for this condition.
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