The Veteran's cervical myositis and degenerative arthritis of the thoracolumbar spine with bulging disc are currently rated at 30 percent and 40 percent, respectively. The initial 10 percent rating for right lower extremity radiculopathy from July 16, 2013 to June 13, 2023 is granted. From June 14, 2023 onwards, the Veteran's right lower extremity radiculopathy is rated at 20 percent. The case is REMANDED for further development regarding left lower extremity radiculopathy and TDIU.
The deciding factor: The Veteran's cervical myositis and degenerative arthritis of the thoracolumbar spine with bulging disc do not meet the criteria for higher ratings under the applicable rating schedule. The initial 10 percent rating for right lower extremity radiculopathy from July 16, 2013 to June 13, 2023 is granted as it approximates mild incomplete paralysis of the sciatic nerve. From June 14, 2023 onwards, the Veteran's condition does not meet the criteria for a higher rating.
- Claimed conditions
- Cervical myositis, Degenerative arthritis of the thoracolumbar spine with bulging disc, Radiculopathy of the right lower extremity (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 7, 2024
- Citation
- 24006709
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. Read the original VA decision (opens in a new tab) using citation 24006709.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's lumbar spine condition and lower extremity radiculopathy conditions were rated at 40 percent and 20 percent, respectively, effective May 24, 2022.,Prior to May 24, 2022, there is no evidence of an increase in severity for the Veteran's lumbar spine condition or lower extremity radiculopathy conditions.
- Whole decision: Granted
The Board granted earlier effective dates for the awards of service connection for bilateral lower extremity radiculopathy and a total disability rating due to individual unemployability, assigning them from August 15, 2021.
- Whole decision: 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.
- Whole decision: 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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