The Veteran's claims for increased ratings for lower extremity radiculopathy and service connection for a fractured nose were denied. The claim of service connection for a right leg fracture (right lateral collateral ligament sprain) was also denied. The Board found that the Veteran’s DDD of the lumbar spine warranted a 40 percent rating, but not higher. The ratings for his lower extremity radiculopathy remained at noncompensable levels until May 10, 2017, when they were increased to 20 percent. Service connection was denied for residuals of a fractured nose and service connection for the right leg fracture.
The deciding factor: The Veteran's DDD of the lumbar spine warranted a 40 percent rating based on limitation of motion, but not higher due to lack of unfavorable ankylosis or IVDS requiring bedrest prescribed by a physician. The ratings for his lower extremity radiculopathy remained at noncompensable levels until May 10, 2017, when they were increased to 20 percent. Service connection was denied for residuals of a fractured nose and service connection for the right leg fracture.
- Claimed conditions
- DDD of the lumbar spine, Right lower extremity radiculopathy, Left lower extremity radiculopathy, Fractured nose (right ankle)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 10, 2019
- Citation
- 19192407
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (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 19192407.
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- Dismissed
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- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
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