The Board denied the Veteran's claims for increased ratings for his low back condition and right lower extremity radiculopathy, finding that the evidence did not support a higher rating based on functional impairment or additional neurological abnormalities.
The deciding factor: The VA examiners found no evidence of ankylosis or IVDS requiring doctor-prescribed bed rest in the past year, and the Veteran denied experiencing flare-ups of pain. The Board concluded that the current ratings adequately reflected the Veteran's symptoms.
- Claimed conditions
- Low back condition, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2020
- Citation
- 20064247
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Partly granted
The Veteran was granted a 40% rating for his low back condition and a 60% rating for left lower extremity radiculopathy of the sciatic nerve, while other claims were denied.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied the veteran's claims for service connection for a low back condition, tinnitus, and bilateral hearing loss as there was no evidence of an in-service injury or event that caused these conditions.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.