The Veteran's lumbar spine disability is rated at 40 percent, which does not meet the criteria for a higher rating due to lack of unfavorable ankylosis. The Veteran’s right foot drop is part and parcel of his service-connected radiculopathy.,A separate compensable rating for bowel incontinence associated with the lumbar spine disability is also denied as it is adequately contemplated in the current ratings.
The deciding factor: The evidence does not demonstrate unfavorable ankylosis, which would be required to warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran retains some degree of motion despite his functional loss.,Bowel incontinence is adequately contemplated in the current ratings assigned for the lumbar spine disability.
- Claimed conditions
- status post herniated nucleus pulposus, L5-S1, right foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2022
- Citation
- 22063155
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 22063155.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for right foot drop as secondary to the service-connected lumbosacral spine condition. The claims for right ankle, right knee, and left knee conditions are remanded.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of current conditions or residuals that would warrant higher ratings.
- Partly granted
The Board granted service connection for a back disability, right lower extremity radiculopathy, and right foot drop. The claim for urinary dysfunction was remanded.
- Granted
The Board granted service connection for liposarcoma and its residuals, as well as entitlement to a total disability due to individual unemployability (TDIU), resolving all doubt in the Veteran's favor.
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