The Veteran's back disability is rated at 40 percent prior to March 27, 2023 and 10 percent thereafter. The left lower extremity radiculopathy is rated at 20 percent effective January 17, 2015. The earlier effective date for the right lower extremity radiculopathy is granted from April 22, 2018. The rating for the right hip disability remains denied.
The deciding factor: The Veteran's back disability does not meet criteria for a higher rating as there were no incapacitating episodes or ankylosis in the past year. Her left lower extremity radiculopathy meets criteria for a 20 percent rating due to moderate incomplete paralysis, effective January 17, 2015. The earlier effective date is granted based on factual ascertainability of her condition.
- Claimed conditions
- Back Disability, Left Lower Extremity Radiculopathy, Right Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 15, 2023
- Citation
- 23045246
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 23045246.
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 claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Remanded (sent back)
The Board has determined that the VA rating decision denying service connection for a right knee disability and a back disability is not supported by adequate medical opinions, and thus remands the case for further development.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.