The Veteran's lumbar spine disability is rated at 40 percent, and the rating for his lower extremity radiculopathies remains at 10 percent. The Board denied a higher rating for these conditions.
The deciding factor: The evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes with total duration of at least six weeks during the past twelve months, which are required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar spine intervertebral disc syndrome, right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 6, 2021
- Citation
- 21040737
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 21040737.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate VA examinations and a pre-decisional duty to assist error. Additional development is needed for service connection of carpal tunnel syndrome, increased ratings for lower extremity radiculopathies, and obtaining a VA TERA opinion.
- Granted
The Veteran's lumbosacral strain with IVDS and associated radiculopathies of the left and right lower extremities are granted at a 40 percent rating prior to December 27, 2023, and denied for ratings in excess of this level from that date.
- Remanded (sent back)
The Board has remanded two issues: the initial rating for a lumbar disorder and the initial rating for right lower extremity radiculopathy. The remand is due to inconsistencies in the VA examination report, particularly regarding range of motion during flare-ups.
- Remanded (sent back)
The Veteran's claims for increased evaluations for service-connected left and right lower extremity radiculopathy are being remanded due to a scheduling error.
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