The Veteran's claims for higher ratings for his lumbar spine disability and bilateral lower extremity radiculopathy have been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 40 percent for the lumbar spine disability, or for initial compensable ratings for the bilateral lower extremity radiculopathy prior to October 23, 2008.
The deciding factor: The evidence did not show unfavorable ankylosis of the thoracolumbar spine, nor did it demonstrate incapacitating episodes requiring prescribed bed rest from a physician. The Veteran's symptoms were evaluated under the General Rating Formula for Diseases and Injuries of the Spine and Diagnostic Code 8520.
- Claimed conditions
- Lumbar Spine Disability, Bilateral Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2018
- Citation
- 1805052
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 1805052.
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.
- Granted
The Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Denied
The Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Denied
The Board denied the appellant's eligibility for direct payment of fees from past due benefits awarded in a July 2024 rating decision granting an increased PTSD rating and TDIU.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased rating and service connection due to alleged errors in the May 2021 VA examination, including failure to conduct range of motion testing. The AOJ is instructed to obtain an addendum VA medical opinion addressing the severity of the Veteran's back disability throughout the appeal period and a VA examination regarding bilateral lower extremity radiculopathy.
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