The Veteran's IVDS with degenerative arthritis and scoliosis, as well as his right and left lower extremity radiculopathies of the sciatic and femoral nerves, are rated at 40 percent since May 16, 2017. The appeal for a higher rating is denied.
The deciding factor: The Veteran's IVDS with degenerative arthritis and scoliosis caused limitation of flexion to 25 degrees with pain, but no ankylosis or incapacitating episodes during any 12-month period.
- Claimed conditions
- Degenerative arthritis, Scoliosis, IVDS (intervertebral disc syndrome), Right lower extremity radiculopathy of the sciatic nerve, Left lower extremity radiculopathy of the sciatic nerve, Right lower extremity radiculopathy of the femoral nerve, Left lower extremity radiculopathy of the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 7, 2023
- Citation
- 23007941
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 23007941.
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 service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Granted
The Board has granted a rating of 20 percent for the Veteran's right lower extremity radiculopathy of the sciatic nerve, finding that it most nearly approximated moderate incomplete paralysis.
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