The Veteran's claim for increased ratings was denied, with the exception of a separate rating for right lower extremity radiculopathy of the sciatic nerve and left lower extremity radiculopathy of the sciatic nerve from May 2, 2022. The remaining claims were denied.
The deciding factor: The Veteran's degenerative disc disease with degenerative joint disease of the thoracolumbar spine did not meet criteria for a higher rating prior to May 2, 2022 and was granted a separate rating for right lower extremity radiculopathy of the sciatic nerve from that date.
- Claimed conditions
- Degenerative disc disease with degenerative joint disease of the thoracolumbar spine, Intervertebral disc syndrome (IVDS), Muscle spasm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 30, 2022
- Citation
- 22066550
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 22066550.
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.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
- Granted
The Veteran's back disability and bilateral lower extremity radiculopathy have been granted increased ratings, with the effective date set at February 19, 2021.
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