The Veteran's initial increased rating for degenerative joint disease of the lumbar spine is denied.,An initial increased rating of 20 percent, but no greater, is granted for left lower extremity radiculopathy.,An initial increased rating of 20 percent, but no greater, is granted for right lower extremity radiculopathy.
The deciding factor: The Veteran's lumbosacral spine disability has not been manifested by forward flexion to 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine. The evidence does not support either finding.,The Veteran’s bilateral lower extremities radiculopathy disabilities have been rated under Diagnostic Code 8520 and currently rated as two separate 10 percent disability claims. To warrant a higher rating, the Veteran's left and right lower extremity radiculopathy would need to manifest as moderate incomplete paralysis of the sciatic nerve.,The VA Back Conditions DBQ examinations in May 2014 and October 2016 determined that the severity of the radiculopathy in both lower extremities was moderate.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Left Lower Extremity Radiculopathy, Right Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 3, 2019
- Citation
- 19142574
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 19142574.
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 denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Partly granted
The Board denied increased ratings for the Veteran's service-connected bilateral hearing loss, right lower extremity radiculopathy, and facial scars, status post excision of cyst of left and right jaw. However, it granted an initial 40% rating for right lower extremity radiculopathy from June 3, 2024.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Dismissed
The Board dismissed all issues as a matter of law due to a procedural defect in the Veteran's February 2023 VA Form 10182s, which attempted to concurrently elect multiple review options.
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