The Veteran's lumbar spine DDD with favorable functional ankylosis during flare-ups is denied a rating in excess of 20 percent prior to May 14, 2015 and in excess of 40 percent thereafter. Separate ratings for left lower extremity radiculopathy are granted from August 20, 2009 with a denial of a higher rating. Right lower extremity radiculopathy is denied. Compensable rating for femoral radiculopathy of the left lower extremity prior to October 10, 2020 and a rating in excess of 10 percent thereafter are also denied.
The deciding factor: The Veteran's lumbar spine DDD with favorable functional ankylosis during flare-ups does not meet the criteria for higher ratings under DC 5243 as there is no evidence of unfavorable ankylosis. The separate radiculopathy issues do not warrant higher ratings due to lack of incapacitating episodes or other factors.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD) with favorable functional ankylosis during flare-ups
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 13, 2022
- Citation
- 22051992
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 22051992.
What this means for you
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