The Board denied a disability rating greater than 40 percent for post-surgical degenerative arthritis of the lumbar spine but granted earlier effective dates for service connection of right and left lower extremity radiculopathy, as well as special monthly compensation based on loss of use of a creative organ.

The deciding factor: The decision was based on the lack of evidence supporting an increase in disability beyond the current 40 percent rating, but granted earlier effective dates for service connection due to medical records documenting bilateral L5 radiculopathy with low back pain radiating into the left and right legs from more than one year prior to the present date of claim.

Claimed conditions

post-surgical degenerative arthritis of the lumbar spine, right lower extremity radiculopathy associated with the Veteran's lumbar spine disability, left lower extremity radiculopathy associated with the Veteran's lumbar spine disability

How they argued it

Secondary to another service-connected condition

Exposure basis

None

Rating assigned

40%

Decision date

October 6, 2025

Citation

25012513

Want to see how appeals like this one tend to go? Appeals like mine