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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation A24037742.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
- Granted
The Board has determined that the Veteran's back disability, diagnosed as lumbar strain, spinal stenosis and degenerative disc disease (DDD) of the lumbar spine, is causally related to service. As such, service connection for this condition is granted.
- Granted
The Board has granted the Veteran's claim for service connection for a neck/cervical spine disability, finding that his current condition is at least as likely as not related to active duty service.
- Remanded (sent back)
The Veteran's claims for a rating in excess of 20 percent for service-connected lumbar stenosis and DDD status post-laminectomy with cervical scars, and for a compensable disability rating for scars status-post laminectomy are denied.,The Veteran's claim for service connection for high blood pressure is remanded as there was insufficient evidence to determine the nature and etiology of his claimed disability.,The Veteran's claims for service connection for a cervical spine or neck disability, and for a prostate disability are denied.
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