The Veteran's claims for increased ratings for his lumbar degenerative disc disease and associated radiculopathy of the left lower extremity have been denied. The Board found that the evidence did not support a higher rating than the current 10% or 40% assigned.
The deciding factor: The medical evidence did not show ankylosis of the thoracolumbar spine, which is required for a higher rating under Diagnostic Code 5239. The Veteran's radiculopathy was rated as mild based on the October 2019 VA examination results.
- Claimed conditions
- lumbar degenerative disc disease, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 27, 2020
- Citation
- 20069544
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.
- Granted
The Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- 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.
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