The Veteran's claim for increased ratings for his service-connected lumbar spine disability was denied. The RO found that the disability did not meet criteria for a rating greater than 20 percent prior to April 13, 2018 and did not meet criteria for a rating greater than 40 percent since April 13, 2018.
The deciding factor: The Veteran's lumbar spine disability did not manifest in forward flexion of the thoracolumbar spine to 30 degrees or less, nor did it result in incapacitating episodes due to intervertebral disc syndrome (IVDS) or any separately ratable neurological manifestations other than those already assigned.
- Claimed conditions
- lumbar spine degenerative arthritis, right lower extremity radiculopathy of the femoral nerve, left lower extremity radiculopathy of the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2019
- Citation
- 19160409
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 19160409.
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 obstructive sleep apnea and voiding dysfunction as residuals of a stroke, and granted initial ratings for the back disability, left shoulder disability, and left lower extremity radiculopathy. The claims for earlier effective dates for hypertension and stroke were denied.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, recurrent right and left shoulder rotator cuff tear residuals, right and left total knee replacement residuals, and right and left foot plantar fasciitis and heel spurs.
- Partly granted
The Board restored the 60% rating for degenerative arthritis and IVDS of the lumbar spine, status post fusion, with stenosis and spondylolisthesis. The claims for increased ratings for bilateral lower extremity radiculopathies were denied.
- Partly granted
The Board denied earlier effective dates for service connection and denied increased ratings, but granted service connection with an effective date of January 16, 2018, and a TDIU beginning April 18, 2017.
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