The Veteran's claim for increased evaluation of intervertebral disc syndrome (60%) has been denied.,The Veteran's claim for increased evaluation of right lower extremity radiculopathy prior to March 13, 2018 (10%) has been denied.
The deciding factor: The evidence does not meet the criteria for an increased rating as the condition is productive of pain and limitation of motion. The Veteran's disability is best reflected by consideration of incapacitating episodes, which affords him the highest possible evaluation on that basis of 60%.,Prior to March 13, 2018, the evidence does not reflect moderate incomplete paralysis for the right lower extremity radiculopathy. The Veteran's symptoms were wholly sensory and no higher evaluations are warranted.
- Claimed conditions
- Intervertebral Disc Syndrome, Right Lower Extremity Radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 27, 2019
- Citation
- 19175318
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. Read the original VA decision (opens in a new tab) using citation 19175318.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
- Whole decision: Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Whole decision: Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Whole decision: Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
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