The Veteran's claims for increased ratings for post residuals hemi-laminectomy and radiculopathy, left lower extremity were denied as the evidence did not show symptoms that would warrant a higher rating under VA regulations.
The deciding factor: The evidence showed forward flexion of the thoracolumbar spine greater than 30 degrees and no ankylosis, which does not meet the criteria for a higher disability rating.
- Claimed conditions
- Post residuals hemi-laminectomy, Radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 5, 2023
- Citation
- 23026065
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. Read the original VA decision (opens in a new tab) using citation 23026065.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's service connected thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, radiculopathy of the right upper and lower extremities, and radiculopathy of the left upper and lower extremities are all remanded for further development.
- Whole decision: Remanded (sent back)
The Board remands the claims for an increased initial rating for a low back disability and radiculopathy, right and left lower extremities due to a need for additional evidence.
- Whole decision: Dismissed
The Board dismissed the appeal for service connection for SLAP tear, right upper extremity and denied service connection for radiculopathy, left lower extremity. Service connection was granted for radiculopathy, right lower extremity effective September 13, 2021.
- Whole decision: Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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