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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 23048398.
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 remands the Veteran's claims for increased ratings of radiculopathy in both lower extremities to correct a pre-decisional duty-to-assist error.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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