The Veteran's claims for increased ratings and earlier effective dates were denied. The cervical spine disability was rated at 30 percent, the left upper extremity radiculopathy at 20 percent, the lumbar spine disability with IVDS at 20 percent, and the right lower extremity radiculopathy from June 3, 2022, at 20 percent. The Veteran's TDIU and DEA benefits were granted earlier.
The deciding factor: The evidence did not support a higher rating for any of the disabilities due to lack of unfavorable ankylosis or other specific criteria that would warrant a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Traumatic arthritis of the cervical spine, Radiculopathy of the left upper extremity (middle radicular nerve group), Service-connected intervertebral disc syndrome with arthritis of the lumbar spine, s/p spinal fusion, Radiculopathy of the left lower extremity (sciatic nerve), Radiculopathy of the right lower extremity (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2024
- Citation
- A24050721
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 A24050721.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's lumbar spine condition and lower extremity radiculopathy conditions were rated at 40 percent and 20 percent, respectively, effective May 24, 2022.,Prior to May 24, 2022, there is no evidence of an increase in severity for the Veteran's lumbar spine condition or lower extremity radiculopathy conditions.
- Granted
The Board granted earlier effective dates for the awards of service connection for bilateral lower extremity radiculopathy and a total disability rating due to individual unemployability, assigning them from August 15, 2021.
- Partly granted
The Board granted earlier effective dates for the increased 20 percent ratings for radiculopathy of the left and right lower extremities (sciatic nerve) but denied earlier effective dates for service connection for radiculopathy involving both femoral nerves, as well as for chemical pneumonia and Dietl's crisis.
- Denied
The Board denied entitlement to higher ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, but granted a total disability rating based on individual unemployability from April 22 to April 30, 2015.
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