The Veteran's claim for a higher rating for IVDS with degenerative arthritis of the spine is denied. A rating of 60 percent, but no higher, is granted as of July 8, 2019.
The deciding factor: The medical evidence shows that the Veteran’s IVDS with degenerative arthritis of the spine resulted in incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, without ankylosis. The criteria for a higher rating under Diagnostic Code 5243 were not met.
- Claimed conditions
- radiculopathy of the right lower extremity affecting the sciatic nerve, painful lumbar spine surgical scar, IVDS with degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 17, 2019
- Citation
- 19179457
Veterans Law Judge
Decisions by this judge: 1,676 · Granted: 24% (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 19179457.
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.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, requiring further examination and opinion regarding the etiology of the Veteran's Obstructive Sleep Apnea (OSA) and whether it is related to his service-connected disabilities.
- Granted
The Veteran's service-connected disabilities require him to rely on his wife for assistance with daily activities, including dressing, bathing, and going up and down stairs. The Board found that the evidence is in balance and granted SMC based on the need for regular aid and attendance.
- Granted
The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected conditions, including panic disorder in remission and chronic pain disorders. Therefore, secondary service connection for OSA is granted.
- Granted
The Veteran's radiculopathy of the left lower extremity affecting the sciatic nerve is granted a 40 percent disability rating from December 1, 2020, to April 20, 2021. A higher rating is denied for this condition after that date.
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