The Veteran's claim for a rating in excess of 40 percent for lumbar spine disability with separate ratings for radiculopathy of each lower extremity from December 3, 2014 was denied. The Board found that the evidence did not support a higher rating based on incapacitating episodes or unfavorable ankylosis.,The Veteran's claim for TDIU due to service-connected lumbar spine disability was also denied. The Board found that the evidence did not meet the criteria for entitlement to TDIU.
The deciding factor: The Veteran did not have incapacitating episodes of IVDS resulting in at least six weeks of total duration over a 12-month period, and his lumbar spine disability with radiculopathy did not result in unfavorable ankylosis or objective neurological abnormalities that warranted separate ratings.
- Claimed conditions
- lumbar spine disability, radiculopathy of left lower extremity, radiculopathy of right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2017
- Citation
- 1747311
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 1747311.
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 Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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