The Veteran's claim for a higher rating for DJD of the lumbar spine is denied. The claims for increased ratings for radiculopathy of the right and left lower extremities are also part of this appeal, with the right leg rated at 10 percent prior to November 10, 2010 and 20 percent thereafter, and the left leg rated as 10 percent throughout. The TDIU claim is granted.
The deciding factor: The Veteran's DJD of the lumbar spine does not meet criteria for ankylosis or incapacitating episodes requiring bed rest prescribed by a physician, warranting only a 40% rating. For radiculopathy, the evidence shows mild to moderate incomplete paralysis at different points in time, with no higher ratings warranted.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 19, 2018
- Citation
- 18159185
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 18159185.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
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