The Veteran's initial rating for lumbar spine disability is denied, and a higher rating of 20 percent is granted. The Veteran's right lower extremity radiculopathy is rated at 10 percent. Service connection for Hepatitis C is remanded due to conflicting medical opinions. TDIU is also remanded.
The deciding factor: The evidence does not support an initial rating in excess of 20 percent for the lumbar spine disability, and a higher rating for radiculopathy is denied.
- Claimed conditions
- Lumbar Spine Degenerative Disc Disease with Lumbar Disc Herniation at L3-S1, Radiculopathy of Right Lower Extremity (Sciatic Nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2021
- Citation
- 21066756
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 21066756.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's left hip disability is denied service connection. Service-connected degenerative arthritis of the lumbar spine results in a 20% evaluation prior to August 9, 2016 and a 40% evaluation from that date forward. The Veteran's radiculopathy of both lower extremities associated with his lumbar spine disability is also granted at 20%. A TDIU for the period from September 1, 2007 to September 18, 2017 is granted.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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