The Board denied a rating in excess of 10 percent prior to December 21, 2022, and in excess of 40 percent thereafter for the Veteran's back disability and also denied a separate rating for right lower extremity (RLE) radiculopathy.
The deciding factor: The evidence did not support an increased rating as it failed to demonstrate the necessary findings for such an increase under the applicable criteria.
- Claimed conditions
- Residuals of a fracture of the L2 vertebra with chronic low back pain, Right lower extremity (RLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 18, 2025
- Citation
- 25008153
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 granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Partly granted
The Board granted an effective date of April 10, 2015, for the grant of service connection for left lower extremity radiculopathy and granted initial ratings of 40 percent for both right and left lower extremity radiculopathy from April 10, 2015, to June 1, 2020.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Partly granted
The Board granted a 40 percent rating for degenerative disc disease (DDD) with degenerative arthritis and retrolisthesis from February 16, 2021. Other claims were denied.
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