The Veteran's claims for increased ratings for degenerative arthritis of the spine with IVDS, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were denied. The current rating of 40% for degenerative arthritis of the spine is maintained.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for a higher evaluation as it does not demonstrate unfavorable ankylosis or incapacitating episodes with total duration of at least six weeks during any 12-month period.
- Claimed conditions
- Degenerative Arthritis of the Spine, Radiculopathy, Right Lower Extremity, Radiculopathy, Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 20, 2022
- Citation
- 22029861
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 22029861.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's PTSD due to MST and low back pain are granted. The case is remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and degenerative arthritis of the spine due to a duty to assist error.
- Granted
The Veteran's claim for PTSD was granted, and his claims for increased ratings of degenerative arthritis of the spine with spinal stenosis, radiculopathy left lower extremity, and radiculopathy right lower extremity were also granted. The effective dates are not specified as they are based on when the claims were filed or denied.
- Remanded (sent back)
The Board has decided that the Veteran is eligible for enrollment in the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) based on his service-connected conditions. However, due to a legal inadequacy and the need for a more detailed medical opinion, the case must be remanded.
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