The Board denied the veteran's claims for increased ratings and other benefits, finding that the evidence did not support higher ratings or entitlement to TDIU, DEA, or SMC.
The deciding factor: The Veteran's lower back disability (Reiter's syndrome) was not manifested by unfavorable ankylosis of the entire thoracolumbar spine or the entire spine. The right and left lower extremity radiculopathy were not compensable prior to October 19, 2020, and from October 19, 2020, they were only moderately incomplete paralysis. The residuals of a right knee injury with chondromalacia and degenerative changes did not meet the criteria for higher ratings.
- Claimed conditions
- lower back disability (Reiter's syndrome), right lower extremity radiculopathy, left lower extremity radiculopathy, residuals of a right knee injury with chondromalacia and degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066500
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
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.