The Veteran's post-operative residuals of a herniated lumbar disc and lumbar spondylosis with IVDS are not entitled to a compensable initial rating prior to July 23, 2012. The Veteran's radiculopathy of the right lower extremity is not entitled to an initial rating in excess of 10 percent prior to July 23, 2012.
The deciding factor: The Veteran’s post-operative residuals did not result in incapacitating episodes or forward flexion of the thoracolumbar spine less than 60 degrees. The radiculopathy was only classified as mild before July 23, 2012 and moderate since then.
- Claimed conditions
- Post-operative residuals of a herniated lumbar disc and lumbar spondylosis with IVDS, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 8, 2021
- Citation
- 21006991
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 21006991.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
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