The Veteran's lumbar spine condition and lower extremity radiculopathy were evaluated, with the lumbar spine condition receiving a 20% rating from July 15, 2013. The right and left lower extremity radiculopathy each received a 20% rating from August 2, 2022.
The deciding factor: The Veteran's lumbar spine condition did not meet the criteria for an increased rating as it did not result in forward flexion of less than 30 degrees or evidence of ankylosis. The lower extremity radiculopathy met the criteria for a 20% rating based on moderate incomplete paralysis without more severe symptoms.
- Claimed conditions
- Degenerative Arthritis of the Thoracolumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 8, 2022
- Citation
- 22067812
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 22067812.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's PTSD qualifies for a TDIU and SMC, while other conditions are rated appropriately. The appeal is denied for higher ratings in several cases.
- Remanded (sent back)
The Board remands the claims for increased ratings and service connection due to the need for additional medical opinions regarding functional ankylosis and aggravation of obstructive sleep apnea by service-connected disabilities.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment prior to August 24, 2021.
- Remanded (sent back)
The Veteran's appeal for a higher disability rating for his service-connected degenerative arthritis of the thoracolumbar spine is denied as he does not meet the criteria for a disability rating greater than 40 percent from November 4, 2021. The case is remanded due to additional development needed.
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