The Veteran's claim for a higher rating for lumbar disc disease was denied, and service connection for bilateral sciatic and femoral nerve radiculopathy of the lower extremities as secondary to his service-connected lumbar disc disease was granted. The issue of entitlement to TDIU remains pending.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating IVDS Based on Incapacitating Episodes, as his range of motion was within normal limits with no additional loss of function.
- Claimed conditions
- lumbar disc disease
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 30, 2016
- Citation
- 1634143
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 1634143.
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.
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The Veteran's claim for a TDIU was granted with an effective date of May 3, 2016. The decision is based on the Veteran's service-connected disabilities including his CFS and adjustment disorder.
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The Veteran's claim for a higher rating for genital herpes is denied as the highest schedular rating of 60% has been achieved. The claim for TDIU based on service-connected disabilities is also denied due to the presence of other service-connected conditions and the fact that the Veteran does not meet the criteria for a combined 100% disability rating.
- Denied
The Veteran's claim for service connection for depressive disorder associated with lumbar disc disease was granted on March 24, 2021. The Board found that the effective date should be set to this date as there is no legal link between the previous claim and the new claim.
- Granted
The Board granted service connection for left knee strain, lumbar disc disease, and cervical spine disability based on evidence supporting an in-service onset of symptoms that have continued to the present.
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