The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the left and right lower extremities involving the sciatic nerve have been denied.,For the entire disability rating period under appeal, the Veteran's degenerative disc disease of the lumbar spine was not manifested by forward flexion limited to 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine; or symptomatology resulting in incapacitating episodes having a total duration of at least four weeks during a 12-month period.,Prior to February 9, 2017, the Veteran's radiculopathy of the left lower extremity most nearly approximated moderate incomplete paralysis of the sciatic nerve. From February 9, 2017, and thereafter, the Veteran's radiculopathy of the right lower extremity most nearly approximated moderately severe incomplete paralysis of the sciatic nerve.,The criteria for a rating in excess of 20 percent for degenerative disc disease of the lumbar spine have not been met. The criteria for a rating in excess of 20 percent for radiculopathy of the left lower extremity, affecting the sciatic nerve, have not been met. The criteria for a rating of 20 percent, and no higher for radiculopathy of the left lower extremity, affecting the sciatic nerve, prior to February 9, 2017, have been met. The criteria for a rating in excess of 40 percent for radiculopathy of the right lower extremity, affecting the sciatic nerve, from February 9, 2017, and thereafter, have not been met.
The deciding factor: The Veteran's service-connected disabilities did not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Radiculopathy of the left lower extremity involving the sciatic nerve, Radiculopathy of the right lower extremity involving the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185933
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.
- 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.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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