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
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.
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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.