The Veteran's IVDS is currently rated at 20 percent, but the Board found no evidence of incapacitating episodes or forward flexion limited to 30 degrees or less, which would warrant a higher rating.,The Veteran's radiculopathy of the left lower extremity is currently rated at 10 percent and supported by moderate incomplete paralysis, warranting an initial increased rating of 20 percent.,The Veteran's radiculopathy of the right lower extremity is also rated at 10 percent and supported by moderate incomplete paralysis, warranting an initial increased rating of 20 percent.,The Veteran's right ankle strain is currently rated at 10 percent and does not meet criteria for a higher rating.
The deciding factor: The evidence did not show the presence of incapacitating episodes or forward flexion limited to 30 degrees or less, which would warrant a higher rating.
- Claimed conditions
- Intervertebral disc syndrome (IVDS), Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity, Right ankle strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 30, 2019
- Citation
- 19175509
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 19175509.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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.
- Granted
The Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.