The Veteran was awarded a 10% rating for DDD of the lumbosacral spine effective August 16, 2018. However, he did not receive proper notice of a scheduled VA examination in June 2000 and his service connection claim is still pending.
The deciding factor: The Veteran's arguments regarding how the evidence was weighed or interpreted do not constitute clear and unmistakable error (CUE).
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbosacral spine, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 18, 2023
- Citation
- 23039559
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 23039559.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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