The Veteran's initial claim for a higher disability rating for DJD of the lumbar spine was denied. The Board found that the evidence did not meet or more nearly approximate the criteria for a higher disability rating.,For the period from January 13, 2012 to June 24, 2016, the Veteran's claim for a higher initial disability rating for left lower extremity radiculopathy was granted with a disability rating of 40 percent. The evidence showed that the condition had worsened and more nearly approximated moderately severe incomplete paralysis of the sciatic nerve.

The deciding factor: The June 2016 VA examination found that the Veteran's left lower extremity radiculopathy was manifested by severe constant pain, severe paresthesias/dysesthesias, and severe numbness, with severe flareups. This more nearly approximated moderately severe incomplete paralysis of the sciatic nerve.

Claimed conditions

{"condition_name":"Degenerative facet joint disease (DJD) of the lumbar spine","issue_on_appeal":"Initial disability rating for DJD of the lumbar spine"}, {"condition_name":"Radiculopathy in the left lower extremity (sciatic nerve)","issue_on_appeal":"Initial disability rating for radiculopathy in the left lower extremity from January 13, 2012 to June 24, 2016"}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

January 28, 2020

Citation

20006964