The Veteran's claim for an evaluation in excess of 40 percent for low back strain with degenerative arthritis to include intervertebral disc degeneration is denied. The reduction in ratings for bilateral lower extremity radiculopathy from March 2, 2017 is void ab initio. Claims for TDIU are granted and dismissed as moot.
The deciding factor: The evidence does not support a higher rating based on the Veteran's lumbar spine disability or his bilateral lower extremity radiculopathy due to lack of incapacitating episodes meeting criteria for a higher rating under the Formula for Rating IVDS Based on Incapacitating Episodes and because there is no ankylosis of the thoracolumbar spine.
- Claimed conditions
- low back strain with degenerative arthritis to include intervertebral disc degeneration, left lower extremity radiculopathy, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 11, 2022
- Citation
- 22057095
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 22057095.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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