The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board has found that a higher rating is not warranted due to lack of unfavorable ankylosis.,The Veteran's radiculopathy of the left and right lower extremities are both currently rated at 20 percent. The Board has determined that these ratings are also not appropriate given the current evidence.
The deciding factor: The medical evidence does not show unfavorable ankylosis of the lumbar spine, which is required for a higher rating under Diagnostic Code 5243.,While the Veteran reports pain and numbness in his lower extremities, there are no objective findings indicating severe incomplete paralysis as required for a higher rating under Diagnostic Codes 8520.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19180046
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
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