The Veteran's claim for a higher rating for his back disability and left lower extremity radiculopathy was denied. The Board found that the evidence did not support a higher rating based on range of motion or neurologic impairment.
The deciding factor: The VA examiner found no evidence of IVDS, muscle spasm, guarding severe enough to result in an abnormal gait or spinal contour, or additional limitation due to pain on repetitive movement. The Veteran's back disability was rated at 10% based on the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Back disability, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 8, 2020
- Citation
- A20015366
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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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