The Veteran is granted a 40 percent rating for spondylosis of the thoracolumbar spine prior to May 10, 2023.,A higher rating for spondylosis of the thoracolumbar spine from May 10, 2023, and left lower extremity radiculopathy is denied.,The Veteran's LLE radiculopathy is granted a 20 percent rating from May 1, 2017 to August 16, 2022.,A higher rating for LLE radiculopathy from August 17, 2022, is denied.
The deciding factor: The Veteran's spondylosis of the thoracolumbar spine was limited to 30 degrees during flare ups and with repeated use over time prior to May 10, 2023.,There was no unfavorable ankylosis of the entire thoracolumbar spine or its functional equivalent for a higher rating from May 10, 2023.,The Veteran's left lower extremity radiculopathy manifested as constant pain of moderate severity prior to May 1, 2017 and was granted a 20 percent rating.,From May 1, 2017 to August 16, 2022, the Veteran's LLE radiculopathy was rated at 20 percent due to moderate symptoms.,A higher rating for LLE radiculopathy from August 17, 2022, is denied as there were no additional symptoms warranting a higher rating.
- Claimed conditions
- spondylosis of the thoracolumbar spine, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 3, 2023
- Citation
- 23054617
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 23054617.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Denied
The Board has determined that the Veteran does not have left lower extremity radiculopathy or any related symptoms causing impairment in earning capacity during the appeal period, and therefore service connection for this condition is denied.
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