The Veteran's lumbar spine DDD and associated right lower extremity radiculopathy are currently rated at 40 percent, but the Board finds that a higher rating is not warranted prior to April 12, 2011.,The Veteran's right elbow condition with limitation of flexion is currently rated at 10 percent. The Board finds no basis for a higher rating.
The deciding factor: The evidence does not support the assignment of any higher ratings as the Veteran’s forward flexion of his lumbar spine was limited to 20 degrees, with no indication of muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. The Board finds that a 40 percent rating is the highest available under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD), right lower extremity lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 25, 2019
- Citation
- 19189100
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 19189100.
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.
- Partly granted
The Board reinstated the 50 percent disability rating for squamous cell carcinoma of the scalp with surgical scars, effective February 19, 2024. Service connection was also restored for lumbosacral strain and various radiculopathies.
- Partly granted
The Board granted service connection for right knee strain, left hip strain, right hip arthritis, and lumbar spine degenerative disc disease as secondary to the Veteran's service-connected chronic iliotibial band syndrome of the left knee. The appeal was denied for service connection for right ear hearing loss.
- Granted
The Board granted initial 40 percent ratings for left and right lower extremity lumbar radiculopathy, but no higher.
- Remanded (sent back)
The Board remanded the issues of entitlement to earlier effective dates for RLE and LLE radiculopathy service connection awards, finding that the AOJ failed to reconsider these claims under 38 C.F.R. § 3.156(c) after receipt of relevant official service department records. The Board remanded for a VA medical opinion to determine whether the radiculopathy onset occurred prior to September 15, 1999.
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