The Board has restored the original ratings of 40 percent for postoperative disc surgery with lumbsacral spine residuals and 20 percent for radiculopathy of the right lower extremity, effective January 1, 2017. The Veteran's symptoms remained at least at 40 percent levels for the back and 20 percent levels for the RLE during the entire period at issue.
The deciding factor: The Board found that the Veteran's disability had not improved under ordinary conditions of life and work, maintaining his original ratings based on the severity of his symptoms.
- Claimed conditions
- postoperative disc surgery with lumbsacral spine residuals, radiculopathy of the right lower extremity (RLE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 4, 2023
- Citation
- 23064065
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 23064065.
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 has denied service connection for radiculopathy of the left and right lower extremities prior to November 22, 2022.,The Board has also remanded the issue of service connection for a right foot disorder.
- Granted
The Veteran's radiculopathy of the right lower extremity is granted a disability rating of 40 percent, but no higher. The initial compensable rating for hypertension and TDIU are also granted.
- Remanded (sent back)
The Board has remanded the claims for service connection for plantar fasciitis, radiculopathy of the left lower extremity (LLE), and radiculopathy of the right lower extremity (RLE) due to a duty to assist error in obtaining adequate opinions regarding causation and aggravation.
- Denied
The Board denied earlier effective dates for the grants of service connection and increased ratings for various disabilities.
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