The Veteran's thoracolumbar spine degenerative arthritis is currently rated at 20 percent and the Board finds no basis for a higher rating.,The Veteran's left lower extremity radiculopathy (femoral nerve) is currently rated at 10 percent and the Board finds no basis for a higher rating.,The Veteran's right lower extremity radiculopathy (femoral nerve) is currently rated at 10 percent and the Board finds no basis for a higher rating.,The Veteran's left lower extremity radiculopathy (sciatic nerve) is currently rated at 20 percent and the Board finds no basis for a higher rating.,The Veteran's right lower extremity radiculopathy (sciatic nerve) is currently rated at 10 percent and the Board finds no basis for a higher rating.
The deciding factor: The evidence does not support a finding of forward flexion of the thoracolumbar spine to 30 degrees or less, nor ankylosis of the entire thoracolumbar spine.,The Veteran's radiculopathy symptoms are currently mild and do not meet the criteria for a higher rating under Diagnostic Code 8526.,The Veteran's radiculopathy symptoms are currently mild and do not meet the criteria for a higher rating under Diagnostic Code 8526.,The Veteran's radiculopathy symptoms are currently moderate and do not meet the criteria for a higher rating under Diagnostic Code 8520.
- Claimed conditions
- Thoracolumbar spine degenerative arthritis, Left lower extremity radiculopathy (femoral nerve), Right lower extremity radiculopathy (femoral nerve), Left lower extremity radiculopathy (sciatic nerve), Right lower extremity radiculopathy (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- A19001701
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 Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Denied
The Board denied higher disability ratings for the veteran's low back and lower extremity radiculopathies, pseudofolliculitis barbae, pes planus and plantar fasciitis, and left knee patellofemoral pain syndrome.
- Partly granted
The Board granted an effective date of January 21, 2022, for the award of service connection for PTSD and a rating of 10 percent for right lower extremity radiculopathy (sciatic nerve) effective December 20, 2022.
- Granted
The Board granted higher initial ratings for the Veteran's degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and bilateral lower extremity radiculopathies, as well as an earlier effective date for service connection.
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