The Veteran's claims for increased ratings were denied as the assignment of increased disability ratings would violate the 'amputation rule' and other criteria. The lumbar spine disability was not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, nor did it result in favorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The Veteran's combined disability rating for his left lower extremity disabilities exceeded the maximum allowable under the 'amputation rule' as of December 16, 2016.
- Claimed conditions
- Left Lower Extremity Muscle Injury (XIV), Left Leg Muscle Injury (XI), Left Knee Patellofemoral Pain and Patellar Dislocation, Sciatic Radiculopathy of the Left Lower Extremity, Shrapnel Wound to the Left Lower Leg, Left Ankle Lateral Ligament Insufficiency, Left Knee Ligament Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2020
- Citation
- 20002285
Veterans Law Judge
Decisions by this judge: 2,451 · Granted: 22% (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 20002285.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a higher rating for his lumbar spine DJD is denied. He currently receives a 40 percent disability rating, effective November 7, 2023.,The Veteran's sciatic radiculopathy of the left and right lower extremities are each rated at 40 percent disabling, effective November 7, 2023.
- Dismissed
The Veteran's appeals for restoration of Dependents' Educational Assistance (DEA) benefits, Total Disability Rating Based on Individual Unemployability (TDIU), and disability evaluations for Intervertebral Disc Syndrome (IVDS) and Sciatic Radiculopathy have been withdrawn. The Board has dismissed these claims.
- Denied
The Veteran's claims for increased evaluations for degenerative arthritis of the cervical and lumbar spine with IVDS, as well as radiculopathy in multiple extremities, have been denied. The Board found that the evidence did not support a higher evaluation based on the severity of his disabilities.,The Veteran was granted 30 percent, 40 percent, and 20 percent evaluations for middle radicular group radiculopathy of the left upper extremity, right upper extremity, and lower extremities respectively. However, these evaluations are still denied as they do not meet the criteria for a higher rating.
- Granted
The Veteran's intervertebral disc syndrome, sciatic radiculopathy of the left lower extremity, and sciatic radiculopathy of the right lower extremity have been granted increased ratings to 40 percent each.
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