The Veteran's degenerative disc disease of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity prior to June 4, 2018, is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy, right lower extremity from June 4, 2018, is rated at 20 percent, which meets the criteria for a higher rating.,The Veteran is not found to be unemployable due to his service-connected disabilities.
The deciding factor: The Veteran's degenerative disc disease of the lumbar spine does not meet or approximate the criteria for a disability rating in excess of 20 percent as there are no findings of unfavorable ankylosis, incapacitating episodes requiring bed rest prescribed by a physician, or flexion limited to 30 degrees or less.
- Claimed conditions
- Degenerative disc disease lumbosacral spine, Radiculopathy right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2020
- Citation
- 20081441
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.
- Remanded (sent back)
The Board remands the appeal for an addendum opinion that considers the ameliorative effects of medication when evaluating the Veteran's bilateral radiculopathy of the lower extremities.
- Partly granted
The Board granted a 10 percent rating for sinusitis with sinus headaches and remanded several other issues, including increased ratings for radiculopathy of the lower extremities, degenerative arthritis conditions, and service connection for an acquired psychiatric condition.
- Granted
The Veteran's service-connected disabilities precluded him from securing and maintaining substantially gainful employment consistent with his education and occupational experience, effective July 29, 2016.
- Dismissed
The claims for increased ratings for the Veteran's lumbar spine and lower extremity radiculopathy disabilities prior to January 25, 2022 are dismissed.
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