For the period prior to May 11, 2018, a rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,Effective May 11, 2018, a 40 percent rating for degenerative joint disease of the lumbar spine is granted.,For the period prior to July 3, 2018, and in excess of 20 percent thereafter, ratings in excess of 10 percent are denied for left lower extremity radiculopathy of the sciatic nerve.,For the period prior to July 3, 2018, and in excess of 20 percent thereafter, ratings in excess of 10 percent are denied for right lower extremity radiculopathy of the sciatic nerve.,For the period prior to July 3, 2018, a rating in excess of 20 percent is denied for left lower extremity radiculopathy of the femoral nerve.,For the period prior to July 3, 2018, a rating in excess of 20 percent is denied for right lower extremity radiculopathy of the femoral nerve.,Effective March 3, 2012, a 100 percent rating for respiratory disability (calcified granulomas and COPD) is granted.
The deciding factor: The Veteran's lumbar spine degenerative joint disease does not meet the criteria for a higher rating under either the General Rating Formula or the Formula for Rating IVDS Based on Incapacitating Episodes prior to May 11, 2018.,Effective May 11, 2018, the Veteran's lumbar spine degenerative joint disease more closely approximates forward flexion of 30 degrees or less when considering the effects of functioning over time and flare-ups, warranting a 40 percent rating.,For the period prior to July 3, 2018, and in excess of 20 percent thereafter, the Veteran's left lower extremity radiculopathy of the sciatic nerve does not meet the criteria for a higher rating under Diagnostic Code 8520.,For the period prior to July 3, 2018, and in excess of 20 percent thereafter, the Veteran's right lower extremity radiculopathy of the sciatic nerve does not meet the criteria for a higher rating under Diagnostic Code 8520.,For the period prior to July 3, 2018, the Veteran's left lower extremity radiculopathy of the femoral nerve does not meet the criteria for a higher rating under Diagnostic Code 8526.,For the period prior to July 3, 2018, the Veteran's right lower extremity radiculopathy of the femoral nerve does not meet the criteria for a higher rating under Diagnostic Code 8526.,Effective March 3, 2012, the Veteran's respiratory disability (calcified granulomas and COPD) requires outpatient oxygen therapy, warranting a 100 percent rating.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 21, 2020
- Citation
- 20080146
Veterans Law Judge
Decisions by this judge: 1,429 · Granted: 29% (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 20080146.
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.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.