The Veteran's initial claim for a higher rating for degenerative disc disease of the lumbar spine was denied. The claim for left lower radiculopathy prior to December 19, 2018 was also denied. However, a 40 percent rating was granted for left lower extremity radiculopathy from December 19, 2018.
The deciding factor: The Veteran's disability did not meet the criteria for higher ratings under the applicable diagnostic codes due to limitations in range of motion and symptoms such as pain and numbness.
- Claimed conditions
- Degenerative disc disease of lumbar spine status post laminectomy L5-S1, Left lower radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 18, 2020
- Citation
- 20041630
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 20041630.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's acquired psychiatric disability, including persistent depressive disorder and generalized anxiety disorder, is found to have begun during service. Effective February 4, 2020, a 20% rating for right lower extremity radiculopathy is granted. The effective date of the separate 20% rating for left lower radiculopathy remains January 14, 2021.
- Granted
The Veteran's back disability, diagnosed as degenerative arthritis of the spine, degenerative disc disease, spondylosis of the spine, and intervertebral disc syndrome (IVDS), is granted.,The Veteran's left upper neuropathy is related to his in-service exposure to herbicide agents and is granted.,The Veteran's right upper neuropathy is related to his in-service exposure to herbicide agents and is granted.,The Veteran's right lower radiculopathy, causally due to his service-connected back disability, is granted.,The Veteran's left lower radiculopathy, causally due to his service-connected back disability, is granted.
- Denied
The Veteran's TMJ, back disability, right lower radiculopathy, and left lower radiculopathy claims have been denied as the evidence does not support a higher rating than currently assigned.
- Remanded (sent back)
The Board has reopened the Veteran's claim for service connection for Lyme disease and remanded all associated issues due to insufficient evidence regarding the relationship between his current disabilities and service.
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