The Veteran's lumbar spine condition is currently rated at 40 percent, but the evidence does not support a higher rating due to lack of unfavorable ankylosis or IVDS with incapacitating episodes.,Right and left lower extremity sciatica are each rated at 10 percent. The September 2019 VA examination indicated moderate constant pain on both sides.
The deciding factor: The evidence does not support a higher rating for the lumbar spine condition due to lack of unfavorable ankylosis or IVDS with incapacitating episodes.
- Claimed conditions
- Discogenic disease and osteoarthritis of the lumbar spine, Right lower extremity sciatica, Left lower extremity sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2020
- Citation
- 20008122
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.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct a pre-decisional duty to assist error, including verifying in-service stressors and scheduling examinations.
- Denied
The Board denied the Veteran's claims for earlier effective dates for increased ratings and service connection, as well as remanded several new claims.
- Granted
The Board granted restoration of a separate 10 percent rating for residuals of a TBI, and restored the 10 percent disability evaluations for left and right lower extremity sciatica, as well as granting entitlement to a TDIU.
- Granted
The Board granted an initial rating of 40 percent for degenerative disc disease of the lumbar spine and effective dates of May 19, 2011, for right and left lower extremity sciatica.
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