The Veteran's lumbar disc disease is rated at 40% and his radiculopathy of the right lower extremity from January 21, 2009, and left lower extremity prior to January 21, 2020, are each separately rated at 10%. The Veteran's right lower extremity radiculopathy is rated at 10% from January 21, 2020, and his left lower extremity radiculopathy remains denied.
The deciding factor: The Veteran’s lumbar strain with degenerative changes L5-S1 with spondylitic spondylolisthesis did not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks during a 12-month period, nor any objective neurologic abnormalities aside from lower extremity radiculopathy.
- Claimed conditions
- lumbar strain with degenerative changes L5-S1 with spondylitic spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 22, 2020
- Citation
- 20068702
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (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 20068702.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's lumbar spine disability and associated radiculopathies are rated based on their underlying conditions, with separate ratings for each affected extremity.,A TDIU is granted effective from June 6, 2016.
- Denied
The Veteran's appeal for an earlier effective date for the grant of service connection for lumbar strain with degenerative changes L5-S1 with spondylitic spondylolisthesis was denied. The Board found that November 23, 2009 is the earliest possible effective date under applicable laws and regulations.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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