The appeal of the TMJ disability issue is dismissed.,A 20% rating, but no higher, for cervical degenerative disc disease from April 27, 2010 to September 9, 2020 is granted. A rating in excess of 20% for cervical degenerative disc disease from September 10, 2020 to February 4, 2021 and a rating in excess of 30% since February 5, 2021 are denied.,A 20% rating, but no higher, for lumbar degenerative disc disease from October 13, 2017 to December 13, 2020 is granted. A rating in excess of 40% since February 5, 2021 is denied.,A separate 10% rating, but no higher, for left knee degenerative joint disease based on recurrent lateral instability since April 27, 2010 is granted. A rating in excess of 10% for right upper extremity radiculopathy from April 27, 2010 to August 3, 2017 and a separate 20% rating for left upper extremity radiculopathy since August 4, 2017 are granted. A rating in excess of 10% for right lower extremity radiculopathy from April 27, 2010 to August 3, 2017 and a separate 20% rating for left lower extremity radiculopathy since August 4, 2017 are denied. A 40% rating, but no higher, for right upper extremity radiculopathy from August 4, 2017 to February 4, 2021 is granted and a separate 30% rating for left upper extremity radiculopathy since August 4, 2017 is granted. A 20% rating, but no higher, for right lower extremity radiculopathy from August 4, 2017 to February 4, 2021 and a separate 20% rating for left lower extremity radiculopathy since August 4, 2017 are granted. A rating in excess of 40% for right upper extremity radiculopathy since February 5, 2021 is denied and a rating in excess of 30% for left upper extremity radiculopathy since February 5, 2021 is denied.,A separate noncompensable rating, but no higher, for erectile dysfunction since April 27, 2010 is granted. A TDIU from April 27, 2010 through August 12, 2019 is granted.
The deciding factor: The Veteran withdrew his appeal of the TMJ disability issue.,The evidence was in approximate balance regarding cervical degenerative disc disease until February 4, 2021. After that date, the evidence did not support a higher rating.,The evidence supported a 20% rating for lumbar degenerative disc disease from October 13, 2017 to December 13, 2020 and denied any higher ratings since February 5, 2021.,The Veteran's left knee condition was not manifested by flexion limited to 30 degrees or extension limited to 15 degrees. The evidence supported a separate rating for recurrent lateral instability from April 27, 2010 to August 3, 2017 and since August 4, 2017.,The Veteran's right upper extremity radiculopathy was not manifested by moderate incomplete paralysis of the upper radicular group. The evidence supported a separate rating for left upper extremity radiculopathy from April 27, 2010 to August 3, 2017 and since August 4, 2017.,The Veteran's right lower extremity radiculopathy was not manifested by moderate incomplete paralysis of the femoral nerve. The evidence supported a separate rating for left lower extremity radiculopathy from April 27, 2010 to August 3, 2017 and since August 4, 2017.,The Veteran's right upper extremity radiculopathy was manifested by moderate incomplete paralysis of the upper radicular group. The evidence supported a separate rating for left upper extremity radiculopathy from April 27, 2010 to August 3, 2017 and since August 4, 2017.,The Veteran's right lower extremity radiculopathy was manifested by moderate incomplete paralysis of the femoral nerve. The evidence supported a separate rating for left lower extremity radiculopathy from April 27, 2010 to August 3, 2017 and since August 4, 2017.,The Veteran's right upper extremity radiculopathy was not manifested by severe incomplete paralysis. The evidence supported a separate rating for left upper extremity radiculopathy from April 27, 2010 to August 3, 2017 and since August 4, 2017.,The Veteran's right lower extremity radiculopathy was not manifested by severe incomplete paralysis. The evidence supported a separate rating for left lower extremity radiculopathy from April 27, 2010 to August 3, 2017 and since August 4, 2017.,The Veteran's right upper extremity radiculopathy was not manifested by severe incomplete paralysis. The evidence supported a separate rating for left upper extremity radiculopathy from April 27, 2010 to August 3, 2017 and since August 4, 2017.,The Veteran's right lower extremity radiculopathy was not manifested by severe incomplete paralysis. The evidence supported a separate rating for left lower extremity radiculopathy from April 27, 2010 to August 3, 2017 and since August 4, 2017.,The Veteran's varicocele did not meet the criteria for a compensable rating. The evidence supported a separate noncompensable rating for erectile dysfunction from April 27, 2010.,The Veteran was precluded from obtaining or maintaining gainful employment due to combined effects of his service-connected disabilities.
- Claimed conditions
- TMJ disability, cervical degenerative disc disease, lumbar degenerative disc disease, left knee degenerative joint disease, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, left lower extremity radiculopathy, varicocele, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2022
- Citation
- 22005214
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 22005214.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
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