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Denied

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy is currently rated at 20 percent, and the Board does not find any basis to grant a higher rating.,The effective date for the TDIU was determined to be August 29, 2013, as this was when the Veteran met the schedular requirements.

The deciding factor: The evidence did not show that the Veteran's lumbar spine disability presented with unfavorable ankylosis or incapacitating episodes of IVDS.,The evidence showed moderate incomplete paralysis of the sciatic nerve in the left lower extremity radiculopathy, which is sufficient for a 20 percent rating under DC 8520.,The Veteran did not meet the schedular requirements for TDIU prior to August 29, 2013.

Claimed conditions
lumbar spine disability, left lower extremity radiculopathy
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
40%
Decision date
September 4, 2019
Citation
19168138

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 19168138.

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