The Veteran's thoracolumbar spine disability and lower extremity radiculopathy conditions are currently rated at 40 percent, but the Board finds no evidence of ankylosis or incapacitating episodes meeting criteria for higher ratings.
The deciding factor: The evidence does not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes with a total duration of at least 6 weeks during the past 12 months, which are required for higher ratings under the General Rating Formula and IVDS Formula respectively.
- Claimed conditions
- Thoracolumbar spine disability, Left lower extremity sciatic nerve radiculopathy, Right lower extremity sciatic nerve radiculopathy, Left lower extremity femoral nerve radiculopathy, Right lower extremity femoral nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 14, 2024
- Citation
- 24012079
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 24012079.
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
- Granted
The Veteran's low back disability is rated at 50 percent effective February 13, 2021. His left lower extremity sciatic nerve radiculopathy is rated at 80 percent from April 21, 2013 to February 12, 2021. The Veteran's TDIU claim has an earlier effective date of April 21, 2013.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Denied
The Veteran's service-connected right lower extremity sciatic and femoral nerve radiculopathy with restless leg syndrome is currently rated at 20 percent, effective May 8, 2024. The appeal for higher ratings has been denied.
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