The Veteran's claims for increased ratings for lumbosacral spine degenerative joint disease and lower left extremity radiculopathy associated with the condition have been denied. The evidence does not support a higher rating based on ankylosis or IVDS, and the current disability levels are considered to be most consistent with moderate incomplete paralysis prior to July 15, 2022, and moderately severe incomplete paralysis thereafter.
The deciding factor: The Veteran's symptoms do not meet the criteria for unfavorable ankylosis of the spine or complete paralysis of the sciatic nerve, which would warrant higher ratings. The current disability levels are considered most consistent with moderate incomplete paralysis prior to July 15, 2022, and moderately severe incomplete paralysis thereafter.
- Claimed conditions
- lumbosacral spine degenerative joint disease, lower left extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 4, 2023
- Citation
- 23000439
Veterans Law Judge
Decisions by this judge: 1,164 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23000439.
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.
- Dismissed
The Board has dismissed the Veteran's appeal for service connection for lower left extremity radiculopathy due to a concurrent election. The Board has also granted service connection for sleep apnea, finding that it is proximately due to his service-connected PTSD, left ankle condition, and left shoulder condition.
- Remanded (sent back)
The Board has remanded the issues of service connection for a cervical spine disability and an increased rating for left lower extremity radiculopathy. The lumbar spine disability issue is also being remanded.
- Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed within one year of the rating decision, and no good cause for extension was presented.
- Dismissed
The Board dismissed the appeal for restoration of a 40 percent rating for lumbar spine degenerative arthritis and a 20 percent rating for lower left extremity radiculopathy as the ratings were restored in an April 30, 2025 Higher-Level Review (HLR) rating decision.
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