The Veteran's service-connected diffuse lumbar spondylosis and multi-level disc protrusion at L3-L4 are not manifested by unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes of IVDS with a total duration of at least six weeks during a 12-month period, so his rating remains at 40 percent.,The Veteran's radiculopathy of the left lower extremity was previously rated at 10 percent prior to February 16, 2016. Since that date, he is now granted a 20 percent rating for this condition.
The deciding factor: The evidence did not show unfavorable ankylosis or incapacitating episodes of IVDS with the required frequency and duration.
- Claimed conditions
- Diffuse lumbar spondylosis and multi-level disc protrusion at L3-L4, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 24, 2019
- Citation
- 19105875
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.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
- Granted
The Board granted service connection for a low back disorder, radiculopathy of the left lower extremity on a secondary basis, and radiculopathy of the right lower extremity on a secondary basis.
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.