The Veteran's claim for an increased rating for his service-connected back disability was denied, as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine. The Veteran is granted separate compensable ratings (10%) for bilateral radiculopathy of the lower extremities.
The deciding factor: The evidence did not meet the criteria for a higher rating due to lack of unfavorable ankylosis of the entire thoracolumbar spine, and there were no manifestations of incapacitating episodes meeting the criteria for a 60% rating under DC 5243.
- Claimed conditions
- chronic back strain with degenerative disc disease, lumbar disc herniation, and dextroscoliosis, bilateral radiculopathy of the lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 26, 2017
- Citation
- 1742234
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 1742234.
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 appeal for an increased evaluation in excess of 20 percent for lumbosacral strain and thoracic strain was denied, while other issues were remanded.
- Partly granted
The Board granted a rating of 40 percent for the lumbosacral strain from May 18, 2023, to December 12, 2023, and denied ratings in excess of 20 percent prior to May 18, 2023, and in excess of 40 percent since December 12, 2023. Service connection for bilateral radiculopathy of the lower extremities was also granted as secondary to a service-connected lumbar spine disability.
- Granted
The Veteran was granted a higher level of special monthly compensation and an increased rating for his lumbar spine disability.
- Granted
The Board granted service connection for right foot plantar fasciitis, left knee strain, lumbosacral strain with IVDS, and bilateral radiculopathy of the lower extremities as secondary to a service-connected right foot disability.
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