An initial rating of 20 percent for a low back disability is granted from March 28, 2012.,Prior to April 28, 2016, an increased rating in excess of 20 percent for right lower extremity radiculopathy is denied. From April 28, 2016, a rating of 40 percent for right lower extremity radiculopathy is granted.,Throughout the appeal period, an initial rating in excess of 20 percent for left lower extremity radiculopathy is denied.
The deciding factor: The Veteran's low back disability more closely approximated muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or kyphosis.,Prior to April 28, 2016, the right lower extremity radiculopathy did not meet criteria for a higher rating due to incomplete paralysis of the sciatic nerve. From April 28, 2016, it more closely approximated moderately severe incomplete paralysis of the sciatic nerve.,Throughout the appeal period, the left lower extremity radiculopathy did not meet criteria for a higher rating due to incomplete paralysis of the sciatic nerve.
- Claimed conditions
- Low back disability, Right lower extremity radiculopathy, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 28, 2020
- Citation
- 20069829
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (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 20069829.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
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