The Veteran's service-connected lumbar spine DDD with IVDS and myelopathy, as well as his bilateral lower extremity radiculopathies, are currently rated at 40 percent. The Board found that the evidence did not support a higher rating due to lack of ankylosis or prescribed bedrest during any calendar year.
The deciding factor: The Veteran's lumbar spine DDD with IVDS and myelopathy does not meet the criteria for an increased rating as it does not demonstrate unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating. The evidence also did not show that he had 6 weeks of prescribed bedrest during any calendar year.
- Claimed conditions
- Degenerative Disk Disease (DDD) lumbar spine with intervertebral disc syndrome (IVDS) and myelopathy, Radiculopathy of left lower extremity, Radiculopathy of right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 27, 2019
- Citation
- 19150240
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (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 19150240.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's radiculopathy of the left and right lower extremities were granted service connection effective October 25, 2018.,PTSD was also granted service connection effective July 10, 2007. The Veteran requested an earlier effective date for PTSD, but this was denied.
- Granted
The Veteran's service-connected disabilities render him so helpless as to need regular aid and attendance of another person, resulting in the grant of SMC at the A&A rate. The question of entitlement to SMC on account of being housebound is moot due to the grant of SMC based on A&A.
- Denied
The Board denied entitlement to initial ratings in excess of 20 percent for radiculopathy of the left and right lower extremities, finding that the Veteran's symptoms were primarily manifested by intermittent pain and moderate incomplete paralysis.
- Partly granted
The Board granted a disability rating of 20 percent for radiculopathy of the right and left lower extremities, but denied ratings in excess of 20 percent.
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