The Veteran's service-connected lumbar spine disability, including history of IVDS, is rated at 20% prior to June 1, 2017; 10% from June 1, 2017 to December 20, 2020; and no higher. The Veteran's service-connected radiculopathy, right lower extremity, is also rated at 20% prior to June 1, 2017; 10% from June 1, 2017 to December 20, 2020; and no higher.,The Veteran's service-connected lumbar spine disability has been rated based on the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's radiculopathy, right lower extremity, has been rated under the Formula for Rating IVDS Based on Incapacitating Episodes.
The deciding factor: The evidence does not meet or approximate the criteria for a higher rating based on forward flexion to 30 degrees or less, combined range of motion not greater than 120 degrees, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or incapacitating episodes lasting at least 4 weeks during the past 12 months.
- Claimed conditions
- Degenerative Arthritis of the Lumbar Spine with History of IVDS, Radiculopathy, Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2021
- Citation
- 21022773
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 21022773.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for PTSD was granted, and his claims for increased ratings of degenerative arthritis of the spine with spinal stenosis, radiculopathy left lower extremity, and radiculopathy right lower extremity were also granted. The effective dates are not specified as they are based on when the claims were filed or denied.
- Denied
The Board denied a rating in excess of 70 percent for PTSD, finding that the Veteran's symptoms did not meet the criteria for a higher rating.
- Partly granted
The Board denied service connection for bilateral hearing loss and tinnitus, granted a 20 percent disability rating for radiculopathy of the right and left lower extremities, and remanded several other claims including those for increased ratings for various disabilities and TDIU.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is not unable to secure or follow substantially gainful employment.
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