The Veteran's back disability and LLE radiculopathy were denied increased ratings, while RLE radiculopathy received a rating of 20 percent effective October 28, 2014. The effective date for service connection was granted on the same day.
The deciding factor: The evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.
- Claimed conditions
- Degenerative disc disease and arthritis of the lower lumbar spine status post laminectomy with 3 residual scars, Left lower extremity (LLE) radiculopathy weakness, Right lower extremity (RLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 28, 2020
- Citation
- 20006648
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 an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Partly granted
The Board granted an effective date of April 10, 2015, for the grant of service connection for left lower extremity radiculopathy and granted initial ratings of 40 percent for both right and left lower extremity radiculopathy from April 10, 2015, to June 1, 2020.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Partly granted
The Board granted a 40 percent rating for degenerative disc disease (DDD) with degenerative arthritis and retrolisthesis from February 16, 2021. Other claims were denied.
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