The Veteran's low back disability is rated at 40 percent, but the Board finds that it does not warrant a higher rating due to lack of ankylosis or incapacitating episodes.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 20 percent each leg. The Board finds no evidence supporting ratings in excess of 20 percent.
The deciding factor: There was no evidence showing unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, which would warrant a higher rating under DC 5242.,The Veteran's radiculopathy is primarily manifested by mild to moderate pain and numbness. The Board found no evidence supporting ratings in excess of 20 percent.
- Claimed conditions
- Degenerative Disc Disease (DDD) with orthopedic manifestations, Radiculopathy, right lower extremity, Radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 25, 2021
- Citation
- 21003921
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 21003921.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's PTSD is rated at 50 percent, and the appeal for an increased rating is denied. The Veteran's degenerative osteoarthritis and degenerative disc disease of the lumbar spine, radiculopathy, right lower extremity, diabetic nephropathy chronic kidney disease, right great toe bunion and gout, and TDIU are all granted.
- Remanded (sent back)
The Veteran's service connected thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, radiculopathy of the right upper and lower extremities, and radiculopathy of the left upper and lower extremities are all remanded for further development.
- Remanded (sent back)
The Board remands the claims for an increased initial rating for a low back disability and radiculopathy, right and left lower extremities due to a need for additional evidence.
- Dismissed
The Board dismissed the appeal for service connection for SLAP tear, right upper extremity and denied service connection for radiculopathy, left lower extremity. Service connection was granted for radiculopathy, right lower extremity effective September 13, 2021.
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