The Veteran's lumbar laminectomy with IVDS is currently rated as 40 percent disabling before August 1, 2017, and 20 percent thereafter. The claim for a higher rating has been denied.,The Veteran’s recurrent ganglion cyst on the left wrist was initially noncompensable prior to March 15, 2013, and rated as 10 percent disabling thereafter. The claim for a higher rating has been denied.,The Veteran's radiculopathy of the femoral nerve of the right lower extremity is currently rated as 20 percent disabling from August 1, 2017. The claim for a higher rating has been denied.,The Veteran's radiculopathy of the femoral nerve of the left lower extremity is currently rated as 20 percent disabling from August 1, 2017. The claim for a higher rating has been denied.,The Veteran’s sciatic radiculopathy of the right lower extremity was initially granted a separate rating of 10 percent effective January 7, 2010. The claim for a higher rating has been denied from August 1, 2017 onwards.,The Veteran's radiculopathy of the sciatic nerve of the right lower extremity is currently rated as 20 percent disabling from August 1, 2017. The claim for a higher rating has been denied.,The Veteran’s sciatic radiculopathy of the left lower extremity was initially granted a separate rating of 10 percent effective January 7, 2010. The claim for a higher rating has been denied from August 1, 2017 onwards.,The Veteran's radiculopathy of the sciatic nerve of the left lower extremity is currently rated as 20 percent disabling from August 1, 2017. The claim for a higher rating has been denied.,Prior to December 1, 2016, the Veteran’s service-connected disabilities did not prevent her from obtaining and maintaining substantially gainful employment consistent with her education and occupational background. The claim for TDIU prior to this date has been denied.
The deciding factor: The preponderance of the evidence is against the assignment of a rating higher than 40 percent for lumbar laminectomy with IVDS before August 1, 2017, and higher than 20 percent thereafter.,There are no grounds to assign a rating higher than 30 percent under the Formula for Rating IVDS Based on Incapacitating Episodes due to lack of prescribed bed rest by a physician.,The preponderance of the evidence is against the assignment of a rating higher than 20 percent for radiculopathy of the sciatic nerve of the right lower extremity from August 1, 2017, and higher than 20 percent for radiculopathy of the left lower extremity from August 1, 2017.,The Veteran's claim for TDIU prior to December 1, 2016 has been denied due to her service-connected disabilities not preventing her from obtaining and maintaining substantially gainful employment consistent with her education and occupational background.
- Claimed conditions
- lumbar laminectomy with intervertebral disc syndrome (IVDS), recurrent ganglion cyst on the left wrist, r radiculopathy of the femoral nerve of the right lower extremity, radiculopathy of the femoral nerve of the left lower extremity, sciatic radiculopathy of the right lower extremity, sciatic radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 4, 2021
- Citation
- 21012659
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 21012659.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's tinnitus is granted as service-connected, with a rating of 10 percent.,The Veteran's back disability remains at a 40 percent rating. The Board finds the evidence does not support an increase to higher ratings.,The Veteran's radiculopathy of the femoral nerve in both lower extremities are each granted initial 20 percent ratings.,Service connection for GAD, bilateral hearing loss, and chronic kidney pain is remanded.,A compensable disability rating (greater than 0 percent) for chronic kidney infections is also remanded.
- Dismissed
The appeal of the proposed reduction in disability rating for lumbar decompression and fusion with lumbosacral strain is dismissed. The Veteran's initial higher disability ratings for sciatic radiculopathy of both lower extremities are denied, but he is granted a TDIU.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
- Granted
The Veteran's service connection for sciatic radiculopathy of the bilateral lower extremities and TDIU are granted effective March 6, 2019.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.