The Board has determined that the veteran's service-connected lumbar spine disability warrants a combined rating of 40 percent, reflecting severe intervertebral disc syndrome with incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.
The deciding factor: Severe intervertebral disc syndrome was demonstrated by the VA examinations and X-rays, which included findings of muscle spasm, weakness of the anterior tibial group muscles, intermittent claudication, and incapacitating episodes lasting up to 4-5 days during winter. These findings met the criteria for a 40 percent rating under the revised criteria effective September 23, 2002.
- Claimed conditions
- Low Back Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 15, 2006
- Citation
- 0607494
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 Board denied the Veteran's claims for an initial compensable rating for erectile dysfunction, service connection for a low back disorder, and earlier effective dates for TDIU, DEA eligibility, and SMC at the housebound rate.
- Partly granted
The Board granted service connection for right hand tremors as a manifestation of tardive dyskinesia and carotidynia due to enlarged lymph nodes, while denying service connection for other conditions including irritable bowel syndrome, gastritis, gastric ulcer, submandibular scar, bone spurs of the feet, low back disorder, plantar fasciitis, enlarged right testicle, and cyst on the back.
- Denied
The Board denied the veteran's claims for a rating in excess of 70 percent for PTSD, an earlier effective date for service connection for PTSD, and service connection for bilateral hearing loss and a low back disorder.
- Partly granted
The Board denied increased ratings for PTSD and denied service connection for various disorders, while granting a 50% rating from June 5, 2017.
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