The Veteran's thoracolumbar spine disability is rated at 40 percent, but no higher, and his radiculopathy of the left lower extremity is rated at 20 percent for the period prior to September 13, 2021. The Veteran's radiculopathy of the right lower extremity is rated at 60 percent, but no higher.,The Veteran's thoracolumbar spine disability and his radiculopathy of the left lower extremity are not entitled to increased ratings.
The deciding factor: The evidence does not support a finding that the Veteran's thoracolumbar spine disability or his radiculopathy of the left lower extremity have resulted in ankylosis, incapacitating episodes of IVDS with total duration of at least six weeks over any 12-month period, or worse than moderate incomplete paralysis of the sciatic nerve.
- Claimed conditions
- Thoracolumbar spine spondylolisthesis L5-S1 with intervertebral disc syndrome (IVDS) and lumbosacral strain, Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 4, 2022
- Citation
- 22044406
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 22044406.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
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