The Veteran's left lower extremity radiculopathy is currently rated as 10 percent disabling prior to August 7, 2018 and 40 percent disabling from that date. The Veteran's chronic lumbosacral strain syndrome with facet joint atrophy of L3-L4, L4-L5, and L5-S1 and degenerative disc disease of L5-S1 is currently rated as 20 percent disabling. The Board has determined that remand is necessary for the claims related to these conditions.
The deciding factor: The Veteran's radiculopathy was primarily sensory in nature prior to August 7, 2018 and manifested with normal reflex, sensory, and motor examination findings, thus not warranting a higher rating. From August 7, 2018, the evidence supports a disability rating of 40 percent for moderately severe incomplete paralysis.
- Claimed conditions
- left lower extremity radiculopathy, chronic lumbosacral strain syndrome with facet joint atrophy of L3-L4, L4-L5, and L5-S1 and degenerative disc disease of L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103131
Veterans Law Judge
Decisions by this judge: 1,071 · Granted: 26% (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 19103131.
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 has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Denied
The Board has determined that the Veteran does not have left lower extremity radiculopathy or any related symptoms causing impairment in earning capacity during the appeal period, and therefore service connection for this condition is denied.
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