The Veteran's claims for increased ratings for his right and left lower extremity radiculopathy associated with lumbosacral strain, degenerative arthritis of the spine, intervertebral disc syndrome have been denied as they do not meet the criteria for a higher rating.
The deciding factor: The evidence does not show that the Veteran's disability is more than moderate or mild in nature, which are the highest ratings available under the applicable diagnostic codes.
- Claimed conditions
- Right lower extremity radiculopathy (sciatic) associated with lumbosacral strain, degenerative arthritis of the spine, intervertebral disc syndrome, Left lower extremity radiculopathy (sciatic) associated with lumbosacral strain, degenerative arthritis of the spine, intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 30, 2019
- Citation
- 19133730
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.
- Partly granted
The Board granted service connection for a deviated septum and right wrist pain, while denying service connection for sleep apnea. The decision also addressed various rating issues and effective dates.
- Partly granted
The Board granted service connection for left hand and right hand essential tremors, as well as increased ratings for knee instability, degenerative arthritis of the spine, and degenerative arthritis of the right ankle. The appeal was denied for a left ankle disability.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
- Dismissed
The veteran's appeal for an earlier effective date for service connection back disorder, as due to clear and unmistakable error (CUE), was dismissed because the appeal request was not timely filed.
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