Veterans’ RightsAn independent resource for veterans
← All decisions
Whole decision: Denied

The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 40 percent, and the Board finds no basis to grant a higher rating.,The effective date for the 40 percent rating for BLE radiculopathy cannot be prior to October 7, 2022.

The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating as it did not show unfavorable ankylosis or forward flexion of less than 30 degrees.,The Veteran's bilateral lower extremity radiculopathy was rated at 40 percent based on moderate intermittent pain, mild paresthesias and numbness. The Board found no evidence to support a higher rating as the condition did not meet criteria for severe incomplete paralysis or complete paralysis of the BLE.,The effective date cannot be prior to October 7, 2022, because the Veteran's claim was received more than one year after his intent to file and there is no evidence that his disability warranted a higher rating at least one year before this date.

Claimed conditions
lumbar spine degenerative joint disease (DJD), degenerative disc disease (DDD), bilateral lower extremity (BLE) radiculopathy
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
July 12, 2024
Citation
A24037742

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. Read the original VA decision (opens in a new tab) using citation A24037742.

What this means for you

A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.

What you can do next

Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).

Related decisions

Other Board decisions on a similar condition or argued the same way.

Free starter guide for your own claim

Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.

We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.

We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.

This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.