The Board granted a 20 percent rating for lumbar spine strain and facet joint arthritis with IVDS involving the left L3-S1 nerve roots, but denied increased ratings for radiculopathy of the left lower extremity (sciatic nerve) and anterior crural nerve.
The deciding factor: The Veteran's lay statements supported a finding that forward flexion would be limited to between 30 and 60 degrees during flare-ups or with repeated use over time, which directly supports a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine per Diagnostic Code 5243 (IVDS).
- Claimed conditions
- Lumbar spine strain, Facet joint arthritis with IVDS involving the left L3-S1 nerve roots, Radiculopathy of the left lower extremity (sciatic nerve), Radiculopathy of the left lower extremity (anterior crural nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 9, 2023
- Citation
- 23001198
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied service connection for bilateral hearing loss and tinnitus, while remanding claims for depression, anxiety, sleep disorder, right knee strain, left knee strain, and lumbar spine strain.
- Granted
The Veteran was granted a total disability rating due to individual unemployability from December 2, 2019 to June 15, 2021 on an extraschedular basis.
- Granted
The Board granted earlier effective dates for the awards of service connection for bilateral lower extremity radiculopathy and a total disability rating due to individual unemployability, assigning them from August 15, 2021.
- Partly granted
The Board granted earlier effective dates for the increased 20 percent ratings for radiculopathy of the left and right lower extremities (sciatic nerve) but denied earlier effective dates for service connection for radiculopathy involving both femoral nerves, as well as for chemical pneumonia and Dietl's crisis.
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