The Veteran's back disability was rated at 20 percent prior to January 22, 2020 and denied for a higher rating. Since then, the disability has been rated at 40 percent due to limited range of motion.
The deciding factor: The VA examination showed that the Veteran’s low back disability did not meet the criteria for an increased rating as it was still within the limits specified for a 20% and 40% rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Back disability, Radiculopathy of the left lower extremity (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 27, 2020
- Citation
- 20069307
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 Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Partly granted
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 10 percent for the right ankle disability, but remanded claims for service connection for sinusitis and back disability.
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