The Veteran's claim for higher ratings for his low back disability and radiculopathy was denied. The Board found that the current rating of 40 percent for his low back disability is appropriate, as there is no evidence of ankylosis. For his right lower extremity radiculopathy, a 10 percent rating has been granted since August 1, 2014 to September 16, 2021. The Veteran's left lower extremity radiculopathy was rated at 10 percent for the entire appeal period.
The deciding factor: The VA examiner found that the Veteran’s low back disability did not meet criteria for ankylosis and therefore a higher rating is not warranted.
- Claimed conditions
- spondylosis of L4, anterolisthesis of L4 on L5, facet syndrome of the lumber spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 14, 2022
- Citation
- 22034566
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 22034566.
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.
- Granted
This decision grants an earlier effective date of August 1, 2014 for a 40% rating for spondylolysis of L4, anterolisthesis of L4 on L5 and facet syndrome of the lumbar spine. The Veteran's claim is also granted for an earlier effective date of August 1, 2014 for a 30% rating for pes planus.,An earlier effective date of October 12, 2016 was denied for the assignment of a 30% rating for pes planus.
- Remanded (sent back)
The veteran's low back disability, including scoliosis, anterolisthesis, and degenerative changes, has worsened. The case is remanded for further examination to determine the appropriate rating.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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