The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.
The deciding factor: The evidence did not show forward flexion of the thoracolumbar spine at 30 degrees or less, nor did it demonstrate favorable ankylosis of the entire thoracolumbar spine. The Veteran's radiculopathy was characterized by mild to moderate incomplete paralysis, and his shoulder and knee disabilities were not productive of flexion limited to 30 degrees or less.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine, IVDS (intervertebral disc syndrome), Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity, Right shoulder strain, Left shoulder strain, Degenerative arthritis and shin splints of the right knee, Degenerative arthritis and shin splints of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2022
- Citation
- 22054696
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 22054696.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
- Dismissed
The Veteran's appeal for service connection of degenerative arthritis of the thoracolumbar spine was dismissed as a matter of law due to a full grant of benefits. The appeals for left knee and left ankle disabilities are remanded.
- 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.
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