The Veteran's back disability is currently rated at 40 percent, but no higher. The claim for a rating in excess of 40 percent for the back disability is denied.,An initial rating of 40 percent, but no higher, for right leg sciatica secondary to service-connected back disability prior to January 25, 2012, is granted. A rating of 20 percent, but no higher, from January 25, 2012, to May 22, 2016, is also granted.,A rating in excess of 20 percent for left lower extremity radiculopathy secondary to service-connected back disability is denied.
The deciding factor: The Veteran's back disability did not meet the criteria for ankylosis or incapacitating episodes that would warrant a higher rating under Diagnostic Codes 5237 and 5243, respectively.,Right leg sciatica was rated at 40 percent prior to January 25, 2012, based on moderate incomplete paralysis of the sciatic nerve. From January 25, 2012, to May 22, 2016, it was rated at 20 percent due to milder symptoms.,Left lower extremity radiculopathy did not meet the criteria for a higher rating as its symptoms were described as mild.
- Claimed conditions
- Back Disability, Right Leg Sciatica, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 6, 2018
- Citation
- 18155720
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 18155720.
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 Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Remanded (sent back)
The Board has determined that the VA rating decision denying service connection for a right knee disability and a back disability is not supported by adequate medical opinions, and thus remands the case for further development.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.