The Veteran's temporary total rating for convalescence post-surgery for herniated nucleus pulposus L5-S1 of the lumbar spine is granted from December 14, 2015 to January 26, 2016.,A rating higher than 40 percent for herniated nucleus pulposus L5-S1 of the lumbar spine across the appeal period is denied.,The Veteran's incomplete paralysis of the sciatic nerve in the right lower extremity associated with the lumbar spine disability is rated at 40 percent from June 11, 2019.
The deciding factor: Resolving any reasonable doubt in the Veteran’s favor, the evidence establishes that on December 14, 2015, the Veteran was discharged from the hospital following surgery necessitating convalescence until January 26, 2016.,Across the appeal period, the evidence does not show that the Veteran has unfavorable ankylosis of the entire thoracolumbar spine, precluding a higher rating under the General Rating Formula. The Veteran's testimony regarding lost work due to his disability requiring him to rest in bed is not sufficient to establish an incapacitating episode.,The June 11, 2019 VA examination found that the Veteran had radiculopathy in the right lower extremity to a severe degree and no muscle atrophy. The Board finds that from June 11, 2019, the evidence establishes that the Veteran's neurological abnormality associated with the lumbar spine disability is moderately severe, warranting a 40-percent rating.
- Claimed conditions
- herniated nucleus pulposus L5-S1 of the lumbar spine, incomplete paralysis of the sciatic nerve in the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 22, 2019
- Citation
- 19165124
Veterans Law Judge
Decisions by this judge: 2,677 · Granted: 26% (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 19165124.
What this means for you
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