The Veteran's appeal for increased ratings and TDIU is denied. The lumbar spine disability remains at a 20% rating, the radiculopathy of the right lower extremity at a 20% rating, prostatitis and epididymitis to include erectile dysfunction from June 1, 2014 to August 16, 2015 is granted at a 20% rating, and TDIU for this period is granted. The Veteran's combined service-connected disabilities meet the criteria for TDIU from June 1, 2014 to December 28, 2014.
The deciding factor: The Veteran’s lumbar spine disability does not warrant a higher rating as it has not resulted in ankylosis or limitation of forward flexion to 30 degrees or less even with consideration of additional functional limitation due to pain, weakness, fatigability or incoordination. The radiculopathy of the right lower extremity is rated at 20% based on moderate incomplete paralysis for the entire appeal period. Prostatitis and epididymitis to include erectile dysfunction meet the criteria for a 20% rating from June 1, 2014 to August 16, 2015.
- Claimed conditions
- facet joint osteoarthritis, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 29, 2019
- Citation
- 19106788
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 a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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