The Veteran's claim for a rating in excess of 40 percent for his low back disability is denied.,The Veteran's claim for a disability rating of 40 percent, but no greater, for left lower extremity radiculopathy is granted.,The Veteran's claim for service connection for right lower extremity radiculopathy is granted.
The deciding factor: The evidence does not support a finding that the Veteran has either favorable or unfavorable ankylosis of the spine, or the functional equivalent of being fixed in flexion or extension, or IVDS with incapacitating episodes.,The May 2023 VA examination indicated that the Veteran's sciatic nerve had moderately severe incomplete paralysis, which corresponds to a 40 percent disability rating under DC 8520.,The right lower extremity radiculopathy is proximately due to the service-connected low back disability.
- Claimed conditions
- Low back disability, Left lower extremity radiculopathy, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 7, 2023
- Citation
- 23064984
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 23064984.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
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