The Veteran's spinal stenosis of the lumbar spine, including degenerative arthritis and intervertebral disc syndrome (IVDS), is rated at 40 percent effective June 13, 2014. The right lower extremity femoral nerve radiculopathy is granted a higher rating of 20 percent since December 14, 2016. The left lower extremity sciatic nerve radiculopathy is also granted a higher rating of 20 percent effective December 14, 2016. Effective March 26, 2015, the Veteran's TDIU and basic eligibility for DEA benefits are granted.
The deciding factor: The examination findings showed that the Veteran had pain starting at 30 degrees of forward flexion, which is more than the required 40 degrees for a higher rating. The frequency and duration of flare-ups also supported the grant of a higher rating.
- Claimed conditions
- Spinal stenosis of the lumbar spine including degenerative arthritis and intervertebral disc syndrome (IVDS), Right lower extremity femoral nerve radiculopathy, Left lower extremity sciatic nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 10, 2021
- Citation
- 21028125
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 21028125.
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 low back disability is rated at 50 percent effective February 13, 2021. His left lower extremity sciatic nerve radiculopathy is rated at 80 percent from April 21, 2013 to February 12, 2021. The Veteran's TDIU claim has an earlier effective date of April 21, 2013.
- Denied
The Veteran's service-connected right lower extremity sciatic and femoral nerve radiculopathy with restless leg syndrome is currently rated at 20 percent, effective May 8, 2024. The appeal for higher ratings has been denied.
- Granted
The Veteran's service-connected degenerative disc disease and associated right and left lower extremity sciatic nerve radiculopathy disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU on this basis.
- Granted
The Veteran meets the schedular percentage requirements for a TDIU due to his service-connected disabilities, which prevent him from engaging in substantially gainful employment.
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