The Veteran's herniated nucleus pulposus and radiculopathy of the left lower extremity have been rated, with a temporary 100% rating for surgery convalescence from November 30, 2016 to December 31, 2016. Since January 24, 2019, he is not entitled to a higher rating for herniated nucleus pulposus and an initial rating in excess of 20% for left lower extremity radiculopathy prior to November 8, 2016. From April 1, 2016, the Veteran is granted a 40% rating for left lower extremity radiculopathy and from November 8, 2016, he is granted a 60% rating.
The deciding factor: The evidence does not support ankylosis or incapacitating episodes of IVDS during any period. The Veteran's symptoms have been rated based on the severity of his radiculopathy and herniated nucleus pulposus.
- Claimed conditions
- Herniated nucleus pulposus, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 26, 2019
- Citation
- 19175055
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 19175055.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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