The Veteran's lumbar spine disability was rated at 10% prior to September 28, 2017 and increased to 20% beginning September 28, 2017. The Veteran's radiculopathy of the right lower extremity is currently rated at 10%, while his left lower extremity radiculopathy has been rated as non-compensable prior to April 19, 2016 and 10% thereafter.,The Veteran's lumbar spine disability was rated at 10% prior to September 28, 2017. Beginning September 28, 2017, the Veteran is entitled to a rating of 20%. The Veteran's radiculopathy of the right lower extremity has been rated as 10%, while his left lower extremity radiculopathy was non-compensable prior to April 19, 2016 and now rated at 10%.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating as it did not result in forward flexion of less than 30 degrees or ankylosis. The radiculopathy was rated based on its severity and associated symptoms.
- Claimed conditions
- Lumbar Spine, Radiculopathy of Right Lower Extremity, Radiculopathy of Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 27, 2018
- Citation
- 18139254
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 18139254.
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- Granted
The Veteran's service-connected lumbar spine and associated bilateral lower radiculopathies have been found to prevent him from securing and following substantially gainful employment for the duration of the period on appeal, leading to a TDIU. An effective date of May 18, 2007, is granted for DEA benefits based on permanent total disability due to service-connected disabilities. The Veteran's SMC at the (o) rate is granted as he requires aid and attendance due to his service-connected disabilities.
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