The Veteran's degenerative disc disease of the lumbar spine is rated at 10 percent prior to August 19, 2019 and at 40 percent thereafter. The Veteran's radiculopathy of the right and left lower extremities are each rated at 20 percent.,The criteria for a higher rating for degenerative disc disease of the lumbar spine prior to August 19, 2019 have not been met. The criteria for a higher rating for degenerative disc disease of the lumbar spine from August 19, 2019 have also not been met. The Veteran's radiculopathy of the right and left lower extremities are each rated at their maximum allowable under VA regulations.
The deciding factor: The March 2013 examination indicated that the Veteran had limited range of motion, but no abnormal gait or spinal contour due to his back spasms. The August 2019 examination showed similar findings with additional limitation during flare-ups.,The radiculopathy is rated based on its severity and described as moderate in both lower extremities.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 17, 2020
- Citation
- 20019655
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. Read the original VA decision (opens in a new tab) using citation 20019655.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Board has dismissed the appeals for discontinuance of TDIU, reduction of disability rating for acquired psychiatric disorder, and reduction of disability rating for radiculopathy of the left lower extremity due to lack of response from the Veteran within the required timeframe.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine due to a duty to assist error. The AOJ is instructed to obtain relevant medical records, including SSA disability records and Federal prison medical records, and request an addendum opinion regarding the nature and etiology of the Veteran's back disorder.
- Whole decision: Denied
The Board found that the evidence did not show an actual improvement in the Veteran's conditions, and thus denied the reduction requests for his service-connected disabilities.
- Whole decision: Granted
The Veteran is granted a TDIU due to his service-connected PTSD with major depressive disorder and generalized anxiety disorder, as well as his lumbar spine disorder. The Board found the evidence in balance regarding whether these conditions render him unable to secure or follow a substantially gainful occupation.
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