The Veteran's lumbar spine disability is rated at 10 percent for the period prior to August 6, 2019 and a rating of 40 percent is granted thereafter. Separate ratings are also granted for left and right lower extremity sciatic nerve radiculopathy.
The deciding factor: The Veteran's lumbar spine disability was characterized by forward flexion limited at worst to 70 degrees, which does not meet the criteria for a higher rating under DC 5237. Separate ratings of 10 percent are granted for left and right lower extremity sciatic nerve radiculopathy.
- Claimed conditions
- Degenerative disease of the lumbar spine, Left lower extremity sciatic nerve radiculopathy, Right lower extremity sciatic nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 21, 2020
- Citation
- 20080216
Veterans Law Judge
Decisions by this judge: 2,549 · 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 20080216.
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.
- Granted
The Veteran's low back disability is rated at 50 percent effective February 13, 2021. His left lower extremity sciatic nerve radiculopathy is rated at 80 percent from April 21, 2013 to February 12, 2021. The Veteran's TDIU claim has an earlier effective date of April 21, 2013.
- Denied
The Veteran's service-connected right lower extremity sciatic and femoral nerve radiculopathy with restless leg syndrome is currently rated at 20 percent, effective May 8, 2024. The appeal for higher ratings has been denied.
- Granted
The Veteran's service-connected degenerative disc disease and associated right and left lower extremity sciatic nerve radiculopathy disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU on this basis.
- Granted
The Veteran meets the schedular percentage requirements for a TDIU due to his service-connected disabilities, which prevent him from engaging in substantially gainful employment.
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