The Veteran's right lower extremity radiculopathy is currently rated at 20 percent, but a higher rating of up to 40 percent is granted from September 20, 2018 to April 1, 2019 for intervertebral disc syndrome (IVDS) with degenerative arthritis of the spine and lumbosacral strain.,After April 2, 2019, a higher rating beyond 20 percent is not warranted. The Veteran's service connection claim for diabetes mellitus, type II (DMII), including secondary to his IVDS with degenerative arthritis of the spine and lumbosacral strain, is also remanded.
The deciding factor: The evidence shows that from September 20, 2018 to April 1, 2019, the Veteran had painful motion limiting his forward flexion of his lumbar spine to 30 degrees without any incapacitating episodes. After this period, he continued to have painful motion but with a forward flexion limited to 45 degrees and no incapacitating episodes.,The evidence does not meet the criteria for higher ratings under DCs 5243 or 5242 due to lack of incapacitating episodes.
- Claimed conditions
- Right lower extremity radiculopathy, IVDS with degenerative arthritis of the spine and lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 8, 2021
- Citation
- A21019556
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 A21019556.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
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