The Veteran's claims for increased ratings for his low back disability and bilateral lower extremity radiculopathy were denied as the evidence did not support a higher rating under the applicable VA rating criteria.
The deciding factor: The evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, which are required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's radiculopathy was rated based on moderate to moderately severe incomplete paralysis.
- Claimed conditions
- Low Back Disability (Lumbar Spine Spondylosis), Sciatic Radiculopathy of the Right Lower Extremity, Sciatic Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 4, 2023
- Citation
- 23007318
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 23007318.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for special monthly compensation based on housebound status is denied because he does not have a single service-connected disability rated as total (100%) with an additional service-connected disability or disabilities independently ratable at 60%. The Veteran's TDIU was based on multiple service-connected disabilities, not a single disability.
- Denied
The Veteran's claim for a higher rating for his lumbar spine DJD is denied. He currently receives a 40 percent disability rating, effective November 7, 2023.,The Veteran's sciatic radiculopathy of the left and right lower extremities are each rated at 40 percent disabling, effective November 7, 2023.
- Dismissed
The Veteran's appeals for restoration of Dependents' Educational Assistance (DEA) benefits, Total Disability Rating Based on Individual Unemployability (TDIU), and disability evaluations for Intervertebral Disc Syndrome (IVDS) and Sciatic Radiculopathy have been withdrawn. The Board has dismissed these claims.
- Denied
The Veteran's claims for increased evaluations for degenerative arthritis of the cervical and lumbar spine with IVDS, as well as radiculopathy in multiple extremities, have been denied. The Board found that the evidence did not support a higher evaluation based on the severity of his disabilities.,The Veteran was granted 30 percent, 40 percent, and 20 percent evaluations for middle radicular group radiculopathy of the left upper extremity, right upper extremity, and lower extremities respectively. However, these evaluations are still denied as they do not meet the criteria for a higher rating.
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