The Veteran's claim for an increased rating for degenerative disc disease L4-5 and L5-S1 was denied as his disability does not more nearly approximate the criteria for a higher evaluation.
The deciding factor: The evidence did not show significant limitation of motion or incapacitating episodes that would warrant a higher rating under VA regulations.
- Claimed conditions
- Degenerative disc disease L4-5 and L5-S1, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 23, 2020
- Citation
- 20004909
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 Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
- Granted
The Board granted service connection for a low back disorder, radiculopathy of the left lower extremity on a secondary basis, and radiculopathy of the right lower extremity on a secondary basis.
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