The Veteran's claims for increased ratings and TDIU were granted. The rating for DDD of the lumbar spine was increased to 40 percent effective November 2, 2023. Initial ratings of 40 percent were assigned for bilateral lower extremity radiculopathies (sciatic nerve) from November 2, 2023, and for femoral nerves from November 2, 2023. TDIU was granted.
The deciding factor: The Veteran's DDD of the lumbar spine more closely approximated a 40 percent rating due to forward flexion limited to 30 degrees during flare-ups. The radiculopathies were rated at 40 percent for bilateral lower extremity sciatic nerves and 30 percent for bilateral femoral nerves from November 2, 2023.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine, Left Lower Extremity Radiculopathy (Sciatic Nerve), Right Lower Extremity Radiculopathy (Sciatic Nerve), Left Lower Extremity Radiculopathy (Femoral Nerve), Right Lower Extremity Radiculopathy (Femoral Nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 28, 2024
- Citation
- 24009739
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 24009739.
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.
- Granted
The Veteran's low back disability is rated at 40 percent, and his left and right lower extremity radiculopathy are each rated at 40 percent. The issues of increased ratings for these conditions have been granted.
- Granted
The Veteran's left and right lower extremity radiculopathy (sciatic nerve) have been granted increased disability ratings of 20 percent, effective April 22, 2024.,The Veteran's left and right lower extremity radiculopathy (sciatic nerve) have been granted increased disability ratings of 20 percent, effective April 22, 2024.
- Granted
The Veteran's initial ratings for degenerative arthritis of the lumbar spine and radiculopathies of both lower extremities have been granted, with effective dates from December 3, 2020, to October 7, 2024.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine due to a duty to assist error. The AOJ is instructed to obtain relevant medical records, including SSA disability records and Federal prison medical records, and request an addendum opinion regarding the nature and etiology of the Veteran's back disorder.
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