The Veteran's lumbar spine degenerative disc disease is currently rated as 40 percent disabling since June 1, 2015. The Board denied a higher rating for this condition.,Left and right lower extremity radiculopathy are separately service-connected and rated at 10 percent each prior to August 30, 2019, and 20 percent each thereafter. The Veteran's femoral nerve involvement is rated at 30 percent from August 30, 2019.,The Board denied a TDIU based on the Veteran's service-connected disabilities.
The deciding factor: The evidence did not show that the Veteran’s forward flexion of his thoracolumbar spine was limited to 30 degrees or less at any point during the appeal period, and there was no ankylosis. The Board found that the Veteran's lumbar spine disability did not meet the criteria for a higher rating.,The evidence showed left lower extremity radiculopathy impacting the sciatic nerve as a result of his service-connected lumbar spine disability since December 9, 2014, and right lower extremity radiculopathy impacting the sciatic nerve since February 17, 2015. The earlier effective dates were granted based on factual ascertainability.,The evidence did not show that bilateral lower extremity radiculopathy impacted the femoral nerve manifested by complete paralysis of the quadriceps extensor muscles at any point during the appeal period. Therefore, a higher rating for this condition was denied.,The Veteran's low back disability rendered him unemployable prior to July 28, 2011, based on his combined service-connected disabilities and lack of other service-connected conditions. The Board found that referral for extraschedular consideration was not warranted.
- Claimed conditions
- lumbar spine degenerative disc disease, left lower extremity radiculopathy (sciatic nerve), right lower extremity radiculopathy (sciatic nerve), bilateral lower extremity radiculopathy impacting the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2021
- Citation
- 21001149
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 21001149.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate VA examinations and a pre-decisional duty to assist error. Additional development is needed for service connection of carpal tunnel syndrome, increased ratings for lower extremity radiculopathies, and obtaining a VA TERA opinion.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Dismissed
The appeal for service connection of left knee condition, lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis is dismissed due to lack of jurisdiction over the August 2021 rating decision. Service connection for lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis are granted.
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