The Veteran's back condition is rated at 40 percent, effective October 1, 2012. The rating for radiculopathy in the right lower extremity is also granted at 20 percent. However, a higher rating of 40 percent for left lower extremity radiculopathy is not warranted.
The deciding factor: The Veteran's back condition more nearly approximates a 40 percent rating due to his reported worsening pain with activity and use of medication, as well as the medical evidence showing limitation of flexion. The right and left lower extremity radiculopathies are rated at 20 percent each.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the thoracolumbar spine with intervertebral disc syndrome (IVDS), Radiculopathy in right lower extremity, Radiculopathy in left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 13, 2020
- Citation
- 20033411
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 20033411.
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.
- Remanded (sent back)
The Board has remanded the case due to conflicting medical evidence regarding radiculopathy in the Veteran's right lower extremity. The Veteran should be provided a VA examination to determine the current severity and manifestations of this condition.
- Granted
The Veteran's degenerative joint disease and intervertebral disc syndrome of the thoracolumbar spine have been rated at 60 percent since April 19, 2002.
- Granted
The Veteran's service-connected disabilities have prevented him from securing or following substantially gainful employment since September 15, 2010.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation prior to October 16, 2015.
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