The Veteran's lumbar spine disability is rated at 40 percent, and the increased ratings for left lower extremity radiculopathy are denied. The Veteran's other service-connected conditions have been assigned appropriate compensable disability ratings.
The deciding factor: The Veteran’s lumbar spine disability does not meet the criteria for a higher rating as it does not result in ankylosis or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 6 weeks in a 12-month period. The increased ratings for left lower extremity radiculopathy are denied as they do not meet the criteria for a higher rating under the applicable schedular criteria.
- Claimed conditions
- lumbar myositis, L4-L5 degenerative disc disease (DDD), left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 31, 2020
- Citation
- 20057237
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 20057237.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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