The Veteran's sciatic radiculopathy of the LEFT and RIGHT lower extremities, as well as his IVDS of the lumbar spine, have been granted increased ratings. The highest possible rating for IVDS based on incapacitating episodes is now in effect.
The deciding factor: The Veteran’s IVDS of the lumbar spine has resulted in at least one period where he experienced incapacitating episodes with a total duration of at least 6 weeks during any 12-month period, warranting a 60% rating based on Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- sciatic radiculopathy of the LEFT lower extremity, sciatic radiculopathy of the RIGHT lower extremity, intervertebral disc syndrome (IVDS) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 28, 2021
- Citation
- 21004992
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 21004992.
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.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for his service-connected low back disability (previously rated as degenerative disc disease) was remanded due to a duty-to-assist error in the November 2024 Back Conditions Disability Benefits Questionnaire. The case is now being remanded to obtain retrospective findings from an appropriate clinician to determine the severity of the Veteran's service-connected back disability.
- Partly granted
The Board granted service connection for sciatic radiculopathy of the RIGHT lower extremity as secondary to degenerative arthritis and degenerative disc disease of the lumbar spine, increased the rating for PTSD from 50 percent to 70 percent from September 1, 2017 to July 8, 2019, granted TDIU effective January 1, 2014, and awarded SMC based on housebound status effective September 1, 2017.
- Granted
The Board granted a 40 percent disability rating for the Veteran's low back disorder, effective March 31, 2019.
- Partly granted
The Board granted service connection for low back degenerative disc disease (DDD) with spondylosis, a post-surgical low back scar, and sciatic radiculopathy of both lower extremities. It also granted an increased rating of 30 percent for cervical spine disc protrusions.
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