The Veteran's back disability is rated at 20 percent from February 3, 2006 to December 10, 2012 and at 40 percent thereafter. His right lower extremity radiculopathy is rated at 40 percent since July 21, 2011. The Veteran's left lower extremity radiculopathy has been rated as non-compensable prior to March 12, 2003 and at 20 percent thereafter.
The deciding factor: The evidence shows that the Veteran's back disability was productive of flexion limited to 60 degrees with gait abnormalities beginning February 3, 2006. This meets the criteria for a 20 percent rating under DC 5242. From December 10, 2012 forward, his flexion is limited to 15 degrees and he has no additional loss of function due to pain or other factors. His left lower extremity radiculopathy meets the criteria for a 20 percent rating under DC 8520 since July 21, 2011.
- Claimed conditions
- Thoracolumbar spine degenerative joint and disc disease (back disability), Right lower extremity radiculopathy, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 21, 2017
- Citation
- 1728781
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 1728781.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Denied
The Veteran's right lower extremity radiculopathy was evaluated at a 20 percent rating, and the Board found that it did not meet the criteria for a higher evaluation.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
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