The Veteran's back disability and radiculopathy of the left lower extremity (LLE) have been rated as 10%, 20%, and 40% disabling, respectively, from December 12, 2016 to January 21, 2020; January 22, 2020 to May 31, 2022; and June 1, 2022, respectively. The Veteran's radiculopathy of the right lower extremity (RLE) has been rated as 20% disabling since January 22, 2020.,The Veteran is not entitled to a higher rating for her back disability or radiculopathy of the left and right lower extremities from June 1, 2022 onwards.
The deciding factor: The evidence does not meet the criteria for higher ratings under the applicable diagnostic codes for musculoskeletal disabilities and peripheral nerve disorders.
- Claimed conditions
- Back disability, Radiculopathy of the left lower extremity (LLE), Radiculopathy of the right lower extremity (RLE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 22, 2023
- Citation
- 23052711
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 23052711.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
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