The Veteran's degenerative arthritis of the lumbar spine is rated at 20 percent, which does not meet the criteria for a higher rating.,The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's radiculopathy of the right lower extremity is rated at 20 percent, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's chronic left hip strain (flexion) is not service-connected and thus does not meet the criteria for a higher rating.,The Veteran's left hip strain (extension) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,The Veteran's left hip strain (impairment of thigh) is rated at noncompensable (0 percent), which meets the criteria for an initial compensable rating.,PTSD was granted service connection effective September 20, 2017 and does not meet the criteria for a higher rating.
The deciding factor: The Veteran's degenerative arthritis of the lumbar spine did not demonstrate forward flexion limited to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine, even considering functional limitation factors.,Prior to July 10, 2019, when resolving reasonable doubt in favor of the Veteran, his radiculopathy of the right lower extremity was shown to be manifested by 'moderate' incomplete paralysis. The criteria for a higher rating were not met as it did not meet the definition of moderate incomplete paralysis.,The Veteran's radiculopathy of the left lower extremity was shown to be manifested by no worse than 'moderate' incomplete paralysis, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's radiculopathy of the right lower extremity was shown to be manifested by no worse than 'moderate' incomplete paralysis, which meets the criteria for an increased initial rating to 40 percent prior to July 10, 2019 and remains at 20 percent thereafter.,The Veteran's chronic left hip strain (flexion) did not demonstrate flexion limited to 30 degrees or less, even considering functional limitation factors. The criteria for a higher rating were not met as it did not meet the definition of flexion limited to 30 degrees or less.,The Veteran's left hip strain (extension) was shown to be manifested by no worse than noncompensable degree of impairment, which meets the criteria for an initial compensable rating.,The Veteran's left hip strain (impairment of thigh) was shown to be manifested by no worse than noncompensable degree of impairment, which meets the criteria for an initial compensable rating.,PTSD did not meet the criteria for a higher rating as it demonstrated occupational and social impairment with reduced reliability and productivity but did not demonstrate more severe impairment.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity, Chronic left hip strain (flexion), Left hip strain (extension), Left hip strain (impairment of thigh), Posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 2, 2024
- Citation
- A24062946
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24062946.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
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