The Board denied the Veteran's claims for higher ratings, finding that a rating higher than 20 percent was not warranted prior to October 11, 2021 and that a rating higher than 40 percent has been unwarranted since then.
The deciding factor: The evidence did not show ankylosis, paralysis, or incapacitating episodes due to intervertebral disc syndrome (IVDS) in the thoracolumbar spine. The Veteran's radiculopathy was rated as moderate prior to October 11, 2021 and as severe since then.
- Claimed conditions
- Degenerative changes in the thoracolumbar spine, Radiculopathy in the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 4, 2024
- Citation
- 24010340
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 24010340.
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.
- Dismissed
The Board has dismissed the appeals regarding higher ratings for degenerative lumbar spine disease, radiculopathy in the right lower extremity, and radiculopathy in the left lower extremity. The appeal for TDIU was also dismissed.
- Remanded (sent back)
The Veteran's claims of higher initial disability ratings for PTSD and radiculopathy in the left lower extremity are being remanded due to new evidence received since the October 2018 SOC.
- Denied
The Veteran's back disability is currently rated at 20% and denied for higher ratings. The Board also found that the Veteran does not meet criteria for TDIU as he is employed.
- Dismissed
The Veteran's appeals for higher initial disability ratings for degenerative arthritis in the lumbar spine and radiculopathy in the left lower extremity have been dismissed as the Veteran withdrew his appeals.
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