The Veteran's low back disability has not been manifested by unfavorable ankylosis or acute signs and symptoms due to IVDS that require bed rest prescribed by a physician and treatment by a physician for at least six weeks in a 12-month period.,The Veteran's right lower extremity neurological signs and symptoms are due to nonservice-connected diabetes mellitus, type II (diabetes); he does not have symptoms attributable to sciatic nerve radiculopathy associated with his low back disability that have caused more than mild incomplete paralysis of the sciatic nerve prior to April 16, 2013, or more than moderate incomplete paralysis of the sciatic nerve since that date.,The Veteran's left lower extremity neurological symptoms are due to nonservice-connected diabetes; he does not have symptoms attributable to sciatic nerve radiculopathy associated with his low back disability that have caused more than moderate incomplete paralysis of the sciatic nerve.
The deciding factor: The medical evidence shows that the Veteran has retained substantial albeit limited range of motion, including during flare-ups or with repeated use over time. Thus, he has not had 'complete limitation of motion' of the thoracolumbar spine.
- Claimed conditions
- Chronic low back strain with degenerative arthritis and intervertebral disc syndrome (low back disability), Sciatic nerve radiculopathy of the right lower extremity, Sciatic nerve radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 14, 2024
- Citation
- 24011976
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 24011976.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded for additional examinations to assess the severity of her service-connected degenerative disc disease of the lumbar spine with lumbarization of S1, as well as her sciatic nerve radiculopathy of the left and right lower extremities. The claims are inextricably intertwined due to their association.
- Granted
The Board granted an effective date of April 22, 2020, for compensable ratings and service connection for sciatic nerve radiculopathy in the right and left lower extremities.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 40 percent for a low back disability, an initial rating in excess of 10 percent for sciatic nerve radiculopathy of the left lower extremity, and entitlement to a TDIU due to pre-decisional duty to assist errors.
- Denied
The Board denied entitlement to increased ratings for right ankle, right ankle scar, low back, femoral nerve, and sciatic nerve disabilities.
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