The Veteran's claim for a higher rating for his back disability is denied as the evidence does not show that he meets or approximates the criteria for a rating in excess of 10 percent prior to October 13, 2009 and 40 percent from October 13, 2009 forward.,The Veteran's claim for an earlier effective date for his right lower extremity radiculopathy is denied as the evidence does not show that he meets or approximates the criteria for a separate compensable rating prior to October 13, 2009.
The deciding factor: The medical evidence of record shows that the Veteran's degenerative disc disease at L4-L5 and L5-S1 did not meet or approximate the criteria for a higher evaluation under any applicable diagnostic code. The examiner noted forward flexion to 30 degrees, which is less than the minimum requirement for a compensable rating (10 percent) under DC 5295.,The Veteran's right lower extremity radiculopathy has been shown to have been manifested by no more than mild incomplete paralysis of the sciatic nerve throughout the appeal period. The evidence does not show that he meets or approximates the criteria for a separate compensable rating prior to October 13, 2009.
- Claimed conditions
- Degenerative disc disease at L4-L5 and L5-S1, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 17, 2019
- Citation
- 19138464
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (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 19138464.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right lower extremity radiculopathy was evaluated at a 20 percent rating, and the Board found that it did not meet the criteria for a higher evaluation.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
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