The Veteran's right lower extremity radicular symptoms have been moderately severe throughout the appeal period, and he is granted a disability evaluation of 40 percent. The left lower extremity radicular symptoms have also been throughout the appeal period but do not meet the criteria for a higher evaluation.
The deciding factor: The VA examiner found that the Veteran's right lower extremity radicular symptoms were characterized by severe intermittent pain, paresthesias, and numbness without muscle atrophy or complete paralysis. The left lower extremity radicular symptoms were described as moderate intermittent pain, paresthesias, and numbness.
- Claimed conditions
- lumbar radiculopathy of the right lower extremity, lumbar radiculopathy of the left lower extremity, intervertebral disc syndrome (IVDS) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 15, 2023
- Citation
- 23045247
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 23045247.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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 Board has remanded the case due to a failure by the AOJ to notify the Veteran of his right to a pre-decisional hearing before the AOJ.
- Whole decision: Remanded (sent back)
The Veteran's initial claim for an increased rating for his service-connected low back disability (previously rated as degenerative disc disease) was remanded due to a duty-to-assist error in the November 2024 Back Conditions Disability Benefits Questionnaire. The case is now being remanded to obtain retrospective findings from an appropriate clinician to determine the severity of the Veteran's service-connected back disability.
- Whole decision: Denied
The Board has determined that the Veteran's claimed conditions, including prostate cancer, hypertension, diabetes mellitus, type II, diabetic nephropathy and end stage renal disease with dialysis, diabetic peripheral neuropathies of various extremities, erectile dysfunction, lumbar spine strain with degenerative arthritis and intervertebral disc syndrome, and bilateral knee replacements, do not meet the criteria for service connection based on direct evidence or presumptive exposure to herbicide agents. The Board also found that there was no qualifying exposure to toxic environmental exposures during service.
- Whole decision: Remanded (sent back)
The Board is remanding the claims for service connection and effective dates earlier than March 20, 2020 due to duty to assist errors and a request for a good cause extension of time limits.
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