The Veteran's lumbar degenerative disc disease, status post lumbar fusion and disc surgery is currently rated at 40 percent disabling beginning July 30, 2019. The Veteran's radiculopathy of right lower extremity was granted an increased rating to 20 percent effective June 17, 2019. The Veteran's radiculopathy of left lower extremity is rated at 20 percent effective June 17, 2019.
The deciding factor: The VA examiner found the Veteran’s lumbar degenerative disc disease to be manifest by no more than forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees prior to July 30, 2019. The radiculopathy of right lower extremity was found to be manifested by moderately severe incomplete paralysis prior to June 17, 2019 and moderate incomplete paralysis beginning June 17, 2019. The radiculopathy of left lower extremity is manifest by moderate incomplete paralysis effective June 17, 2019.
- Claimed conditions
- lumbar degenerative disc disease, radiculopathy of right lower extremity, radiculopathy of left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 5, 2019
- Citation
- 19191265
Veterans Law Judge
Decisions by this judge: 2,272 · Granted: 31% (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 19191265.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 secure and follow substantially gainful employment prior to August 14, 2023.
- Granted
The Board has granted service connection for migraines, lumbar degenerative disc disease with associated lower extremity radiculopathy, and right and left lower extremity radiculopathy. Service connection is denied for left hip strain and right hip strain.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with right great toe hallux limitus; bilateral upper extremity radiculopathy; obstructive sleep apnea; cervical degenerative arthritis, disc disease, spinal stenosis, and C4-C7 fusion; left shoulder strain; lumbar degenerative disc disease; right shoulder strain; right knee tendonitis; left knee tendonitis; painful right neck scar; tinnitus; right lower extremity polyneuropathy; and left lower extremity polyneuropathy render him unable to secure or follow any substantially gainful occupation.
- Remanded (sent back)
The Veteran's claim for service connection for a back condition was denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for right lower extremity radiculopathy associated with his lumbar spine disability was also denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for a postoperative back scar related to his service-connected lumbar spine disability was denied in December 2009, and the effective date of this denial is May 8, 2013.
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