The Veteran's increased rating for intervertebral disc syndrome (IVDS) of the lumbar spine is denied. A 20 percent evaluation, but not higher, for left lower extremity radiculopathy prior to December 5, 2018 is granted, subject to the law and regulations governing the payment of monetary benefits. An evaluation in excess of 20 percent for left lower extremity radiculopathy beginning December 5, 2018, is denied.
The deciding factor: The evidence does not support a finding of unfavorable ankylosis or incapacitating episodes that required bed rest prescribed by a physician and treatment by a physician having a total duration of at least six weeks during the past twelve months for the Veteran's lumbar spine disability. The Board also found no evidence of paralysis of the popliteal nerve to support a rating under Diagnostic Code 8521.
- Claimed conditions
- intervertebral disc syndrome (IVDS) of the lumbar spine, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 4, 2019
- Citation
- 19142416
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 denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
- Denied
The Board denied the veteran's claims for service connection, increased ratings, and earlier effective dates as there was no evidence to support a causal relationship between his current conditions and his active military service.
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