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
Veterans Law Judge
Decisions by this judge: 1,350 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20065244.
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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 claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
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