The Veteran's degenerative arthritis of the cervical spine with radiculitis is currently rated at 10 percent from February 27, 2013 to October 24, 2018 and 20 percent thereafter. The Board finds that these ratings are not supported by the evidence.,The Veteran's right lower extremity radiculopathy is currently rated at 20 percent. The Board finds that this rating is not supported by the evidence.
The deciding factor: The VA examinations conducted during the period on appeal did not show forward flexion of the thoracolumbar spine to 30 degrees or less, which would be required for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's radiculopathy was rated based on its severity as per DC 8520.
- Claimed conditions
- Degenerative Arthritis of the Spine with Radiculitis, Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 19, 2019
- Citation
- A19002954
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A19002954.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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 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.
- Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
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