The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds that this rating is not warranted due to lack of ankylosis.,The Veteran's left lower extremity radiculopathy has been rated at 20 percent since October 1, 2008 and increased to 20 percent from March 12, 2019. The Board finds this rating is appropriate given the sensory symptoms of pain, numbness, and paresthesia.,The Veteran's right lower extremity radiculopathy has been rated at 20 percent since October 1, 2008. The Board finds that a higher rating is not warranted due to lack of motor function impairment or other neurological symptoms.
The deciding factor: The evidence does not support ankylosis of the lumbar spine, which would be required for a higher rating.,The Veteran's radiculopathy has primarily been manifested by sensory symptoms such as pain and numbness. The Board finds that these symptoms are most analogous to moderate incomplete paralysis.,The Veteran's right lower extremity radiculopathy has not shown any motor function impairment or other neurological symptoms, which would be required for a higher rating.
- Claimed conditions
- lumbar spine facet spondylosis with bilateral sacroiliac joint dysfunction, radiculopathy of the left lower extremity, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 7, 2020
- Citation
- 20065244
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.
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
- Denied
The Board denied service connection for various conditions, including left and right eye dry eyes, cataracts of the left and right eyes, neuropathy of the left lower extremity, radiculopathy of the right lower extremity, left renal arteriovenous malformation, aneurysm, pseudofolliculitis barbae (PFB), degenerative joint disease (DJD) of the lumbar spine, recurrent subluxation of the left knee prior to May 13, 2020, left total knee replacement, disability rating in excess of 60 percent from September 1, 2021, forward for left total knee replacement, DJD of the right knee, right knee instability, burns of the bilateral ankles, linear scar of the left knee, post-surgical tender scars of the left knee, and a total disability rating due to unemployability (TDIU) based upon service-connected disabilities prior to June 14, 2019.
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