The Veteran's degenerative disc disease of the lumbar spine is rated at 40 percent, effective October 8, 2021.,Separate initial ratings of 10 percent each are granted for sciatic radiculopathy of the left and right lower extremities from May 5, 2009 to May 5, 2013. Effective May 15, 2013, separate initial ratings of 10 percent each are granted.,Separate initial ratings higher than 10 percent for sciatic radiculopathy of the left and right lower extremities from May 15, 2013 to March 5, 2020 are denied.
The deciding factor: The Veteran's degenerative disc disease with fracture of the L4 right transverse process was rated under the criteria for intervertebral disc syndrome (IVDS), resulting in a 40 percent rating. Separate initial ratings of 10 percent each were granted for sciatic radiculopathy of the left and right lower extremities from May 5, 2009 to May 5, 2013. Effective May 15, 2013, separate initial ratings higher than 10 percent for sciatic radiculopathy of the left and right lower extremities were denied.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Sciatic radiculopathy of the left lower extremity, Sciatic radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 8, 2021
- Citation
- 21062692
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 21062692.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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