The Veteran's service-connected lumbar spine disability, including associated sciatic and femoral nerve radiculopathies, is granted with a temporary total rating for convalescence following surgery. Service connection for scars from the surgeries is also granted. The Veteran's IVDS is rated at 20 percent, which is denied as it does not meet criteria for higher ratings.
The deciding factor: The Veteran’s lumbar spine disability meets the criteria for a temporary total rating under 38 C.F.R. § 4.30 due to convalescence following surgery. The IVDS is rated at 20 percent, which is denied as it does not meet criteria for higher ratings.
- Claimed conditions
- lumbar spine degenerative joint disease, left lower extremity (LLE) sciatic nerve radiculopathy, right lower extremity (RLE) sciatic nerve radiculopathy, left lower extremity (LLE) femoral nerve radiculopathy, right lower extremity (RLE) femoral nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 16, 2020
- Citation
- 20040925
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 20040925.
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 Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete service treatment records and a need to address lay statements regarding in-service injuries. The AOJ is instructed to obtain complete service treatment records, correct any duty-to-assist errors, and provide an addendum opinion on whether the Veteran's current lumbar spine and right knee disabilities are related to heavy, repetitive lifting from his military duties.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for IBS, lumbar spine disability, and lower extremity radiculopathy due to a procedural error in providing notice of his right to a hearing.
- Remanded (sent back)
The Board has determined that there are errors in the decision-making process related to obtaining and considering certain medical records, conducting appropriate examinations, and providing a comprehensive assessment of the Veteran's employability due to his service-connected disabilities. The case is being remanded for these issues.
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