The veteran's service-connected low back disability has been rated at 20 percent since September 1, 1995. After a recent surgery in February 2005, the Board has determined that an initial evaluation of 40 percent is warranted for severe limitation of motion due to pain. Additionally, the veteran's right lower extremity radiculopathy has been rated at 10 percent since December 1995.
The deciding factor: The veteran's service-connected low back disability necessitated extensive surgery and continues to be productive of a level of disablement that more nearly approximates severe functional limitation of the lumbar spine due to pain. The right lower extremity radiculopathy has also been shown to result in mild incomplete paralysis.
- Claimed conditions
- low back disability, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 21, 2006
- Citation
- 0618268
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (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 0618268.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
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