The Veteran's DDD of the lumbosacral spine is granted a higher evaluation to 40 percent. The evaluations for bilateral lower extremity radiculopathy remain at 10 percent.
The deciding factor: The Veteran's DDD of the lumbosacral spine was found to have forward flexion of less than 30 degrees, warranting a 40% evaluation under the General Rating Formula. The evaluations for bilateral lower extremity radiculopathy remain at 10 percent as they were not found to meet criteria for higher ratings.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbosacral spine, Radiculopathy of the right lower extremity (femoral nerve), Radiculopathy of the left lower extremity (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 21, 2022
- Citation
- A22021336
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 A22021336.
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.
- Partly granted
The Board denied several claims for increased ratings and service connection, granted initial evaluations of 20 percent for radiculopathy in the left and right lower extremities, and dismissed a claim for service connection for erectile dysfunction.
- Dismissed
The appeal for increased ratings and earlier effective dates for various conditions, including radiculopathy of the right upper extremity, left lower extremity (femoral nerve), obstructive sleep apnea, sinusitis, allergic rhinitis, and migraine headaches, was dismissed. The Board also remanded claims for initial disability ratings.
- Partly granted
The Board granted earlier effective dates for the increased 20 percent ratings for radiculopathy of the left and right lower extremities (sciatic nerve) but denied earlier effective dates for service connection for radiculopathy involving both femoral nerves, as well as for chemical pneumonia and Dietl's crisis.
- Denied
The Board denied entitlement to higher ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, but granted a total disability rating based on individual unemployability from April 22 to April 30, 2015.
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