The Veteran's service-connected mechanical low back pain with degenerative joint disease, status post fusion with restless leg syndrome and IVDS is rated at 20 percent prior to October 28, 2016. From October 28, 2016, the disability remains rated at 40 percent.
The deciding factor: The VA examination reports from September 2007 and November 2009 did not indicate any unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks during a year, which are required for higher ratings.
- Claimed conditions
- Mechanical low back pain with degenerative joint disease, status post fusion, Restless leg syndrome, IVDS (intervertebral disc syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 7, 2017
- Citation
- 1726017
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 1726017.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected right lower extremity sciatic and femoral nerve radiculopathy with restless leg syndrome is currently rated at 20 percent, effective May 8, 2024. The appeal for higher ratings has been denied.
- Granted
The Veteran's back disability, rated at 40 percent since March 14, 2022, is granted effective from that date.
- Denied
The Veteran's claim for higher ratings for his service-connected back disability, bilateral lower extremity radiculopathies, and hypertension was denied. The rating for IVDS with bilateral facet arthropathy thoracolumbar spondylosis is not met as the evidence did not show forward flexion to 60 degrees or less, combined range of motion of 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or ankylosis (or its functional equivalent).,The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathies were not met as the evidence did not show at least moderate incomplete paralysis of the femoral nerve or sciatic nerve. The rating for hypertension was also denied.
- Denied
The Veteran's claim for a higher rating for lumbosacral strain with IVDS from January 23, 2020 is denied. The claim for service connection for erectile dysfunction as secondary to major depressive disorder is granted. The Veteran is also entitled to SMC based on the loss of use of a creative organ.
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