The Veteran's lumbar spine DDD is rated at a 40 percent rating, effective December 1, 2022. Ratings for LLE and RLE radiculopathy are granted at 20 percent from May 13, 2019, and January 21, 2020, respectively.
The deciding factor: The Veteran's lumbar spine DDD approximated functional ankylosis during flare-ups, warranting a 40 percent rating effective December 1, 2022. Ratings for LLE and RLE radiculopathy were granted at 20 percent as they met the criteria of moderate incomplete paralysis.
- Claimed conditions
- Degenerative Disc Disease (DDD), lumbar spine status post-surgery, Left lower extremity (LLE) radiculopathy, Right lower extremity (RLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 6, 2024
- Citation
- 24010826
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 24010826.
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.
- Denied
The Veteran's initial and subsequent claims for increased ratings for his back condition, LLE radiculopathy, and RLE radiculopathy have been denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent from March 12, 2014, to October 28, 2019.
- Dismissed
The Board dismissed the appeals pertaining to effective dates for increased ratings of chronic lumbar strain and LLE radiculopathy, finding that the Veteran did not properly opt into the AMA system.
- Granted
The Veteran's service-connected disabilities, including degenerative disc disease and lower extremity radiculopathy, rendered him unable to secure or follow a substantially gainful occupation from August 1, 2013 to November 23, 2014. The Board granted TDIU for this period.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
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