The Veteran's degenerative changes of L5-S1 with spondylosis of the lumbar spine resulted in a rating higher than 20 percent prior to May 14, 2012. Beginning June 1, 2007, he was granted a separate 10 percent rating for right lumbar radiculopathy.,Effective from May 14, 2012, the Veteran was granted entitlement to a total disability rating based on individual unemployability (TDIU).
The deciding factor: The Veteran's degenerative changes of L5-S1 with spondylosis of the lumbar spine resulted in forward flexion limited to 50 degrees, which does not meet the criteria for a higher rating under the General Rating Formula. The right lumbar radiculopathy was rated at 10 percent based on mild incomplete paralysis of the sciatic nerve.,The Veteran's TDIU was granted as he met the disability percentage requirements set forth in 38 U.S.C. § 421, effective May 14, 2012.
- Claimed conditions
- Degenerative changes of L5-S1 with spondylosis of the lumbar spine, Right lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 26, 2021
- Citation
- 21024825
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 21024825.
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 Veteran's service-connected disabilities combine to preclude substantially gainful employment, and the Board has granted a TDIU.
- Granted
The Board has granted a higher initial rating of 20 percent for right lower extremity lumbar radiculopathy, finding moderate severity symptoms throughout the appeal period.
- Partly granted
The Board granted service connection for a neck disability and a back disability, but denied service connection for BPPV. The right lumbar radiculopathy was also granted as secondary to the back disability.
- Denied
The Board denied the veteran's claims for increased ratings for lumbar degenerative disc disease, left and right lumbar radiculopathy, and left ankle lateral collateral ligament sprain.
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