The Board has determined that the original grants of service connection for lumbar spine DDD and associated right lower extremity radiculopathy were incorrect due to CUE, and thus severed from service. The restoration of these benefits is denied.
The deciding factor: The August 2013 VA examiner's opinion was considered inadequate as it did not address the potential impact of the 2001 surgery on the Veteran’s current disability.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD), right lower radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 26, 2020
- Citation
- 20043447
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 20043447.
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: Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Whole decision: Granted
The Board has granted service connection for right upper radiculopathy and left upper radiculopathy, but denied service connection for right lower radiculopathy and left lower radiculopathy as secondary to a thoracolumbar spine condition.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the service connection for left lower extremity radiculopathy, including as aggravated by service-connected lumbar spine degenerative disc disease (DDD).
- Whole decision: Granted
The Veteran's service-connected lumbosacral spine disability, including spondylosis, lumbar spine degenerative disc disease (DDD), facet joint arthritis, and L4-5 disc bulge, is now rated at 40 percent effective June 11, 2019.
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