The Veteran's degenerative arthritis of the spine with degenerative disc disease is currently rated at 40 percent, which is the maximum rating available under Diagnostic Code 5243. The Board found that his symptoms did not meet criteria for a higher rating due to lack of unfavorable ankylosis.,The Veteran's radiculopathy, right lower extremity, is currently rated at 20 percent. The Board determined that the evidence did not support a higher rating as there was no indication of severe incomplete paralysis or marked muscular atrophy.
The deciding factor: The Veteran's symptoms did not meet criteria for ankylosis and his radiculopathy did not meet criteria for a higher rating due to lack of severe incomplete paralysis.
- Claimed conditions
- Degenerative arthritis of the spine with degenerative disc disease, Radiculopathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 16, 2024
- Citation
- A24018809
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 A24018809.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's PTSD is rated at 50 percent, and the appeal for an increased rating is denied. The Veteran's degenerative osteoarthritis and degenerative disc disease of the lumbar spine, radiculopathy, right lower extremity, diabetic nephropathy chronic kidney disease, right great toe bunion and gout, and TDIU are all granted.
- Remanded (sent back)
The Veteran's service connected thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, radiculopathy of the right upper and lower extremities, and radiculopathy of the left upper and lower extremities are all remanded for further development.
- Remanded (sent back)
The Board remands the claims for an increased initial rating for a low back disability and radiculopathy, right and left lower extremities due to a need for additional evidence.
- Dismissed
The Board dismissed the appeal for service connection for SLAP tear, right upper extremity and denied service connection for radiculopathy, left lower extremity. Service connection was granted for radiculopathy, right lower extremity effective September 13, 2021.
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