The Veteran's lumbar degenerative joint and disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are rated at 10 percent each. The Board finds that a higher rating is not warranted for any of these conditions.,A separate compensable rating (10%) has been assigned for bilateral hearing loss.
The deciding factor: The Veteran's lumbar degenerative joint and disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity do not meet the criteria for a higher rating under the applicable diagnostic codes. The evidence does not show that any condition meets or approximates the next higher schedular rating (20% or 40%) based on limitation of motion or neurological impairment.
- Claimed conditions
- {"condition_name":"lumbar degenerative joint and disc disease"}, {"condition_name":"rheumatoid arthritis (implied by lumbosacral strain)"}, {"condition_name":"radiculopathy of the right lower extremity"}, {"condition_name":"radiculopathy of the left lower extremity"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2020
- Citation
- 20068931
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
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