The Veteran's lumbar spine disability is rated at 40 percent, effective December 20, 2013. Separate noncompensable ratings are granted for radiculopathy of the right and left lower extremities. The Veteran's left knee and right knee disabilities remain rated at 10 percent.
The deciding factor: The medical evidence supported a higher rating for DDD of the lumbar spine, but no more than 40 percent, as there was no ankylosis or IVDS present. Separate noncompensable ratings were granted for radiculopathy of the RLE and LLE due to lack of mild incomplete paralysis.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the L-5 S-1 spine, Bilateral lower extremity radiculopathy, DJD of the left knee, Chondromalacia right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 7, 2022
- Citation
- 22006833
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 22006833.
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 claims for service connection for various joint and back disabilities due to a lack of VA examinations, which were required by the Veterans Court. The Veteran's assertions include injuries from falls during service and wear and tear from his job as a bridge crewmember.
- Denied
The Veteran's claims for service connection for bilateral lower extremity radiculopathy on the basis of CUE in the February 1996 rating decision have been denied. The May 2022 rating decision is also dismissed as it failed to grant service connection.
- Granted
The Veteran's PTSD is granted as service connection was established based on a diagnosed condition and credible supporting evidence of an in-service stressor.,Service connection for low back disability is granted, with the diagnosis being intervertebral disc degeneration and spinal stenosis of the lumbar region (low back disability).,The Veteran's bilateral lower extremity radiculopathy secondary to his now service-connected low back disability is granted. The link between the two conditions was established by medical evidence.,Service connection for residuals of a head injury, manifested as head pain, memory impairment, loss of balance, and dizziness, is granted based on credible supporting evidence that the claimed in-service stressor occurred.,The Veteran's right foot disability does not meet service connection criteria.
- Dismissed
The Veteran's claim for separate ratings for bilateral lower extremity radiculopathy has been dismissed as the appeal is moot due to the grant of service connection and the subsequent denial of an increased rating.
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