All back disability claims are granted with a 40% rating from September 1, 2004 to May 20, 2015. Claims for higher ratings for the right and left lower extremity radiculopathies are denied. Right ankle sprain is granted at 20% since May 16, 2015; left ankle sprain is also granted at 20% from that date.
The deciding factor: The Veteran's back disability was rated based on limitation of motion and the presence of flare-ups resulting in periods of incapacitation. The right and left lower extremity radiculopathies were rated under DC 8520, with a 10% rating for mild incomplete paralysis initially granted from September 1, 2004. Right ankle sprain was rated at 10% since May 16, 2015 and left ankle sprain at the same level.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Right lower extremity radiculopathy, Left lower extremity radiculopathy, Right ankle sprain, Left ankle sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2021
- Citation
- 21007696
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 21007696.
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.
- 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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