The Veteran's lumbar spine condition is currently rated at 20 percent, with a combined ROM of the thoracolumbar spine of 95 degrees. The rating is denied as it does not meet the criteria for a higher disability level.,Both right and left lower extremity radiculopathy are currently rated at 20 percent and 10 percent respectively. The ratings are denied as they do not meet the criteria for a higher disability level.
The deciding factor: The Veteran's lumbar spine condition does not result in forward flexion of the thoracolumbar spine being 30 degrees or less, nor does it show unfavorable ankylosis of the entire thoracolumbar spine. The combined ROM for the thoracolumbar spine is also within the range that warrants a 20 percent rating.,The Veteran's right and left lower extremity radiculopathy do not result in motor and/or reflex impairment at a grade reflecting a very high level of limitation or disability, nor does it show marked muscular atrophy. The ratings are therefore denied as they do not meet the criteria for higher disability levels.
- Claimed conditions
- Degenerative Arthritis and Disc Disease of the Lumbar Spine, Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 17, 2024
- Citation
- A24038741
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 A24038741.
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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 determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
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