The Veteran's lumbar spine disability is rated as 10 percent disabling prior to November 15, 2011 and 40 percent thereafter. The Veteran contends that his disability warrants an initial evaluation in excess of these ratings. His bilateral lower extremity radiculopathy is currently evaluated at 20 percent. He asserts that the severity of this condition is more than moderate.
The deciding factor: The VA examiner found no evidence of IVDS on the September 2014 examination, and did not provide an assessment of the current severity of the Veteran's bilateral lower extremity radiculopathy due to its relationship with his lumbar spine disability.
- Claimed conditions
- lumbar spine strain with transitional vertebrae, lumbar spine degenerative arthritis, intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2018
- Citation
- 18145652
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 18145652.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, recurrent right and left shoulder rotator cuff tear residuals, right and left total knee replacement residuals, and right and left foot plantar fasciitis and heel spurs.
- Dismissed
The Board dismissed the appeal for restoration of a 40 percent rating for lumbar spine degenerative arthritis and a 20 percent rating for lower left extremity radiculopathy as the ratings were restored in an April 30, 2025 Higher-Level Review (HLR) rating decision.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, left and right lower extremity radiculopathies, left and right hip pain, right knee degenerative arthritis, generalized anxiety disorder, and depressive disorder.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
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