The Veteran's postoperative IVDS and associated radiculopathy of the left lower extremity are currently rated at 40 percent. The Board has granted a higher rating for the radiculopathy, but denied an increased evaluation for the IVDS.
The deciding factor: The Board found that the Veteran had moderately severe incomplete paralysis due to his radiculopathy of the left lower extremity associated with postoperative IVDS, warranting a 40 percent evaluation. The IVDS claim was denied as there were no incapacitating episodes meeting the criteria for an increased rating.
- Claimed conditions
- postoperative intervertebral disc syndrome (IVDS), radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 10, 2019
- Citation
- 19192755
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 19192755.
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.
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings for his thoracolumbar spine and radiculopathy conditions, as well as a separate rating for femoral nerve radiculopathy, to obtain additional medical evidence.
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