The Veteran's lumbar spine disability was evaluated at a maximum of 10 percent prior to October 27, 2022, and at a maximum of 40 percent from that date.,An initial evaluation in excess of 10 percent for right lower extremity radiculopathy affecting the sciatic nerve is denied.
The deciding factor: The Veteran's lumbar spine disability did not meet criteria for higher ratings due to lack of ankylosis, IVDS, or significant flexion loss.,There was no evidence of objective neurological abnormalities prior to October 27, 2022, and the Veteran's radiculopathy is part of her lumbar spine disability evaluation.
- Claimed conditions
- lumbar spine degenerative arthritis, right lower extremity radiculopathy affecting the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 30, 2023
- Citation
- 23019763
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 23019763.
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 Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Board has granted service connection for lumbosacral strain with degenerative disc disease and right lower extremity radiculopathy affecting the sciatic nerve, effective January 12, 2024. Attorney fees are eligible based on past due benefits awarded in this decision.
- Denied
The Veteran's lumbar spine degenerative arthritis and degenerative disc disease are currently rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's RLE sciatic radiculopathy has been dismissed due to untimely filing.
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