The Veteran's lumbar spine disability is currently rated at 40 percent, which does not meet the criteria for a higher rating. The ratings for right and left lower extremity radiculopathy are also denied.
The deciding factor: The evidence shows that the Veteran’s lumbar spine disability has not resulted in unfavorable ankylosis or incapacitating episodes of IVDS with total duration of at least 6 weeks during the past 12 months, which would warrant a higher rating under Diagnostic Code 5243.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, L5-S1, Radiculopathy of the right lower extremity (femoral nerve), Radiculopathy of the left lower extremity (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 7, 2023
- Citation
- 23065053
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 23065053.
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.
- Partly granted
The Board denied several claims for increased ratings and service connection, granted initial evaluations of 20 percent for radiculopathy in the left and right lower extremities, and dismissed a claim for service connection for erectile dysfunction.
- Dismissed
The appeal for increased ratings and earlier effective dates for various conditions, including radiculopathy of the right upper extremity, left lower extremity (femoral nerve), obstructive sleep apnea, sinusitis, allergic rhinitis, and migraine headaches, was dismissed. The Board also remanded claims for initial disability ratings.
- Partly granted
The Board granted earlier effective dates for the increased 20 percent ratings for radiculopathy of the left and right lower extremities (sciatic nerve) but denied earlier effective dates for service connection for radiculopathy involving both femoral nerves, as well as for chemical pneumonia and Dietl's crisis.
- Denied
The Board denied entitlement to higher ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, but granted a total disability rating based on individual unemployability from April 22 to April 30, 2015.
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