The Veteran's lumbar spine disability is rated at 20 percent prior to June 1, 2020, and a higher rating of greater than 40 percent thereafter was denied.,A separate 20 percent rating for left lower extremity radiculopathy of the sciatic nerve was granted. A higher rating of greater than 40 percent for right lower extremity radiculopathy of the sciatic nerve was also granted.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating based on forward flexion, ankylosis, or incapacitating episodes as required by Diagnostic Codes 5237 and 5243. The RO found that the Veteran's disability did not warrant a rating greater than 20 percent prior to June 1, 2020, and a higher rating of greater than 40 percent thereafter.,The Veteran's right lower extremity radiculopathy was rated at 40 percent based on moderate incomplete paralysis. The left lower extremity radiculopathy was rated at 20 percent as it did not meet the criteria for a higher rating.
- Claimed conditions
- lumbar disc herniation, degenerative arthritis with intervertebral disc syndrome (IVDS), spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 2, 2024
- Citation
- 24005488
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 24005488.
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.
- Granted
The Board has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for additional medical evidence. The Veteran's lower back disability, including lumbar strain and spondylolisthesis, is being reviewed again.
- Denied
The Board denied service connection for a back condition, including spondylolisthesis, as the evidence did not show permanent aggravation of the preexisting condition during service.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinions and a need for further examination. The Veteran's claim of service connection for his back disability is being reviewed.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.