The Veteran's claim for an evaluation in excess of 40 percent for left lower extremity radiculopathy is dismissed.,A 40 percent evaluation is granted for intervertebral disc syndrome (IVDS) and sacroiliac degenerative joint disease, effective October 23, 2017.
The deciding factor: The Veteran's back disability resulted in limitation of forward flexion of the thoracolumbar spine to 30 degrees or less, which meets the criteria for a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Left Lower Extremity Radiculopathy, Intervertebral Disc Syndrome (IVDS)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 30, 2024
- Citation
- A24028291
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 A24028291.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Granted
The Board has granted an effective date of August 7, 2023 for the grant of service connection for Degenerative Disc Disease and Intervertebral Disc Syndrome (also claimed as a back condition), and bilateral lower extremity sciatic neuropathy.
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