The veteran's lumbosacral disc disease has been rated at 40 percent since February 17, 2001. The RO also increased the evaluation for his left ankle sprain to 40 percent effective from that date.
The deciding factor: The VA examination conducted on February 17, 2001 showed severe intervertebral disc syndrome with significant limitation of motion and muscle spasm, warranting a 40 percent rating under the new criteria for evaluating intervertebral disc syndrome (preoperatively or postoperatively).
- Claimed conditions
- lumbosacral disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 28, 2003
- Citation
- 0308021
Veterans Law Judge
Decisions by this judge: 1,175 · Granted: 22% (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 0308021.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected disabilities, when considered individually, do not preclude him from engaging in gainful employment. Therefore, a TDIU is denied.
- Remanded (sent back)
The Veteran's claims for increased evaluations for lumbosacral disc disease and right shoulder traumatic bursitis are being remanded due to the need for additional examinations to assess the severity of his disabilities.
- Remanded (sent back)
The Board has remanded the cases for additional development, including obtaining medical records and conducting VA examinations to assess the severity of the Veteran's lumbosacral disc disease and right shoulder traumatic bursitis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to incomplete records from Eglin AFB medical facilities. The Veteran is not contesting the effective date or rating assigned for service-connected obstructive sleep apnea.
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