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
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.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
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