The Veteran's initial rating for low back disability is denied as his range of motion does not meet the criteria for a higher rating. His right lower extremity sciatic nerve radiculopathy is granted with an initial rating of 20 percent.
The deciding factor: The Veteran's thoracolumbar spine ROM measurements did not meet the criteria for unfavorable ankylosis, abnormal gait, or abnormal spinal contour, and his combined range of motion was within the 10% rating threshold.
- Claimed conditions
- Thoracolumbar spine degenerative disc disease (DDD), Lumbosacral degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 22, 2021
- Citation
- 21076131
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 21076131.
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.
- Denied
The Veteran's low back disability is rated at 10 percent, but the evidence does not show that it meets or approximates the criteria for a higher rating.
- Denied
The Veteran's claim for higher initial ratings for his thoracolumbar spine DDD, RLE radiculopathy of the sciatic nerve, and LLE radiculopathy of the sciatic nerve was denied. The increased rating for RLE radiculopathy of the sciatic nerve as of December 15, 2020, and separate ratings for RLE radiculopathy of the femoral nerve and LLE radiculopathy of the sciatic nerve were granted.
- Remanded (sent back)
The Veteran's lumbar spine DDD has been rated as 10% prior to June 18, 2015 and as 20% thereafter. The Board has remanded the claims for increased ratings.
- Granted
The Veteran's low back disorder was rated at 20 percent from January 2, 2013 to April 22, 2016. After this date, the rating increased to 40 percent.,Effective May 1, 2013, the Veteran is entitled to a TDIU and DEA benefits with earlier effective dates of May 1, 2013.
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