The Veteran's low back disability and associated right lower extremity radiculopathy are currently rated as 20 percent disabling prior to April 25, 2013, and higher than 40 percent since that date. The left ankle disability is rated at 20 percent from June 15, 2016 onwards.,The Veteran's Type II Diabetes Mellitus remains rated as 20 percent disabling.
The deciding factor: The evidence does not show the required findings for a higher rating under any applicable diagnostic codes. The Veteran retains some motion of his thoracolumbar spine, and no examiner has indicated this segment is ankylosed.,The Veteran's Type II Diabetes Mellitus remains rated as 20 percent disabling.
- Claimed conditions
- lumbar degenerative disc disease, lumbar strain, myositis (low back disability), right lower extremity radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 27, 2019
- Citation
- 19166237
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (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 19166237.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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