The Board denied the Veteran's claims for increased ratings and a compensable rating for his service-connected lumbar spine disability, radiculopathy of both lower extremities, and back scar. The claims for asbestosis and sleep apnea were remanded.
The deciding factor: The evidence did not support a higher rating due to the limited range of motion and lack of ankylosis in the Veteran's lumbar spine disability, and the moderate incomplete paralysis of his radiculopathy affecting both lower extremities. The back scar was found to be non-compensable.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity, Back scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2025
- Citation
- A25015450
Veterans Law Judge
Decisions by this judge: 1,820 · Granted: 26% (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 A25015450.
What this means for you
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What you can do next
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's back disability is rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
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