The Veteran's lumbar spine disability was rated as 20 percent prior to December 31, 2008 and as 40 percent from that date. The right lower extremity radiculopathy was initially rated at 20 percent before April 30, 2021, and then increased to 40 percent thereafter.,The Veteran's lumbar spine disability did not meet the criteria for a higher rating prior to December 31, 2008. From that date onward, it met the criteria for a 40 percent rating.
The deciding factor: The medical evidence did not demonstrate unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes related to the lumbar spine disability having a total duration of at least 6 weeks during a twelve-month period prior to December 31, 2008. From that date onward, the Veteran's right lower extremity radiculopathy met the criteria for a 40 percent rating.
- Claimed conditions
- lumbar myositis and degenerative disc disease, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 16, 2022
- Citation
- 22064255
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 22064255.
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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 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.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
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