The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board denied a higher rating.,For the period prior to June 27, 2021, the Veteran's radiculopathy of the right lower extremity was rated at 10 percent, and for the period from June 27, 2021, it was rated at 20 percent. The Board denied higher ratings.,For the period prior to June 27, 2021, the Veteran's radiculopathy of the left lower extremity was rated at 10 percent, and for the period from June 27, 2021, it was rated at 20 percent. The Board denied higher ratings.
The deciding factor: The VA examinations did not show forward flexion greater than 30 degrees or a combined range of motion less than 120 degrees, which would warrant a higher rating for the lumbar spine disability.,During the June 2021 examination, the Veteran reported moderate constant and intermittent pain in both lower extremities. However, there were no private or VA treatment records showing findings warranting a rating in excess of 20 percent for period from June 27, 2021.,The VA examinations did not show forward flexion greater than 30 degrees or a combined range of motion less than 120 degrees, which would warrant a higher rating for the radiculopathy of the left lower extremity.
- Claimed conditions
- lumbar spine disability, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 5, 2023
- Citation
- 23048395
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 23048395.
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 Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Whole decision: Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Whole decision: Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
- Whole decision: Granted
The Board granted service connection for a lumbar spine disability related to military service, and for left and right leg radiculopathy secondary to that lumbar disability.
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