The Veteran's lumbar osteoarthritis was granted a higher rating of 40 percent prior to October 15, 2018. A rating in excess of 40 percent for the condition beginning October 15, 2018 is denied. The Veteran’s radiculopathy of the right lower extremity associated with lumbar osteoarthritis was granted a 10 percent rating and remains unchanged. TDIU is also denied.
The deciding factor: The RO found that the Veteran's lumbar osteoarthritis, when combined with his other service-connected conditions, did not meet the criteria for a higher rating than 40 percent prior to October 15, 2018 and granted this rating. The radiculopathy of the right lower extremity was rated at 10 percent as it is considered mild incomplete paralysis.
- Claimed conditions
- lumbar osteoarthritis, sciatic radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 10, 2020
- Citation
- 20010821
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 20010821.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal of the proposed reduction in disability rating for lumbar decompression and fusion with lumbosacral strain is dismissed. The Veteran's initial higher disability ratings for sciatic radiculopathy of both lower extremities are denied, but he is granted a TDIU.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
- Granted
The Veteran's claim for an effective date of June 10, 2021, but no earlier, for a 40 percent initial rating for service-connected lumbosacral strain with degenerative disc disease and degenerative arthritis has been granted. The effective date is based on the date of receipt of the formal claim.
- Granted
The Veteran's service connection for sciatic radiculopathy of the bilateral lower extremities and TDIU are granted effective March 6, 2019.
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