The Veteran's service-connected lumbar spine disability is granted a 40 percent rating, but no higher, for the period prior to June 10, 2019. The Veteran's service-connected radiculopathy of the right and left lower extremities are each denied ratings in excess of 20 percent.
The deciding factor: The VA medical examinations conducted during this period indicated that the Veteran had forward flexion limited to 30 degrees for his lumbar spine disability, which meets the criteria for a 40 percent rating. For his radiculopathies, the evidence did not meet the criteria for higher ratings as they were found to be moderate in severity.
- Claimed conditions
- Degenerative disc disease, L5-S1, mild spondylolysis of L5, Radiculopathy, right lower extremity, sciatic nerve, Radiculopathy, left lower extremity, sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 5, 2023
- Citation
- 23048398
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 23048398.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings of radiculopathy in both lower extremities to correct a pre-decisional duty-to-assist error.
- Partly granted
The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities from February 11, 2019. He also received increased ratings for his radiculopathy in the right and left lower extremities.
- Partly granted
The Board granted a 40 percent rating for the Veteran's left lower extremity radiculopathy from March 18, 2019, to July 5, 2022, but denied higher ratings and all other claims.
- Granted
Effective dates of May 20, 2019, have been granted for the service connection of generalized anxiety disorder, degenerative arthritis of both knees and the thoracolumbar spine, and bilateral lower extremity radiculopathy.
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