An initial 40 percent rating is granted for degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome (IVDS) and sacroiliac joint dysfunction, effective November 22, 2004.,A separate 40 percent rating is granted for right lower extremity radiculopathy of the sciatic nerve, effective May 21, 2013. The claim for a higher initial rating for this condition is denied.,The Veteran's claim for an initial rating higher than 30 percent for right lower extremity radiculopathy of the femoral nerve is denied.
The deciding factor: The Veteran's back disability was rated based on the General Rating Formula for Diseases and Injuries of the Spine, which resulted in a 40 percent rating effective November 22, 2004. The right lower extremity radiculopathy of the sciatic nerve received separate ratings due to its higher potential rating compared to the femoral nerve. The claim for an initial rating higher than 30 percent for right lower extremity radiculopathy of the femoral nerve was denied.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine, Sacroiliac joint dysfunction, Right lower extremity radiculopathy of the sciatic nerve, Right lower extremity radiculopathy of the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 3, 2023
- Citation
- 23025544
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 23025544.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Dismissed
The Veteran's appeal for service connection of degenerative arthritis of the thoracolumbar spine was dismissed as a matter of law due to a full grant of benefits. The appeals for left knee and left ankle disabilities are remanded.
- Granted
The Veteran's lumbar disability and associated radiculopathy of the sciatic and femoral nerves are granted with effective dates from June 30, 2010. A 40% rating is assigned for the lumbar disability.
- Granted
The Board has determined that the Veteran's back disability, including degenerative arthritis of the thoracolumbar spine, is related to his active service and grants service connection for this condition.
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