The Veteran's claims for increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity were denied. The Board found that the current evidence did not support a higher rating based on the severity of his symptoms.
The deciding factor: The medical evidence showed consistent complaints of pain, but no ankylosis or unfavorable spinal condition was diagnosed, which precluded higher ratings under applicable VA regulations.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbar spine, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 30, 2020
- Citation
- 20081772
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.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
- Denied
The Board denied entitlement to a TDIU prior to April 15, 2011, as the Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantial gainful employment.
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.