The Veteran's lumbar spine disability is rated at 40 percent, effective October 1, 2015. The rating for radiculopathy of the left and right lower extremities remains at 20 percent.
The deciding factor: The most recent VA examination in January 2021 showed flexion limited to 50 degrees on the right side and 70 degrees on the left, with extension limited to 20 degrees bilaterally. These findings are consistent with a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative disc disease, lumbar spine, Radiculopathy, sciatic nerve, left lower extremity, Radiculopathy, sciatic nerve, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 12, 2021
- Citation
- 21029148
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 21029148.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim of service connection for degenerative disc disease, lumbar spine (claimed as back injury) due to inadequate VA examination and failure to comply with prior remand directives.
- Dismissed
The Veteran's appeal for a higher rating for degenerative disc disease, lumbar spine was dismissed due to concurrent election of review options.
- Granted
The Veteran's service connection claims for degenerative disc disease, lumbar spine, with muscle spasms; right elbow pain; and bilateral lower extremity radiculopathy/ sciatica as secondary to the back disability have all been granted.
- Denied
The Board denied an earlier effective date for the grant of TDIU due to lack of factual support and found that the Veteran's unemployability was not a result of his service-connected conditions during the one-year look-back period.
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