The Veteran's back disability is rated at 40 percent, and the claim for an increased rating remains pending.,The Veteran's bilateral lower extremity radiculopathy is each rated at 20 percent, effective April 10, 2014. The claim for higher ratings remains pending.,SMC based on need for aid and attendance was denied as the evidence did not show that the Veteran was helpless or in need of regular aid and assistance.
The deciding factor: The medical records do not indicate unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating under Diagnostic Code 5237.,The evidence does not show that the Veteran has more than moderate incomplete paralysis of his lower extremities, warranting a higher rating under Diagnostic Code 8520.,The Veteran's medical records do not indicate helplessness or regular need for aid and assistance from another person.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Left lower extremity radiculopathy, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 1, 2021
- Citation
- 21005378
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 21005378.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Denied
The Veteran's right lower extremity radiculopathy was evaluated at a 20 percent rating, and the Board found that it did not meet the criteria for a higher evaluation.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
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