The veteran's low back strain with radiculopathy is currently rated at 20 percent, but the Board finds that this rating does not meet the criteria for a higher disability evaluation.
The deciding factor: The evidence shows some limitation of motion and mild lumbar radiculopathy without incapacitating episodes or other factors warranting a higher rating.
- Claimed conditions
- low back strain with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 5, 2006
- Citation
- 0637796
Veterans Law Judge
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 0637796.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's death was not service-connected, and the appellant seeks DIC benefits under 38 U.S.C.A. § 1318. The Board found that the Veteran did not meet the durational requirement for a total disability rating at the time of his death, nor would he have been in receipt of such compensation due to clear and unmistakable error (CUE) in prior decisions. Therefore, DIC benefits were denied.
- Granted
The veteran's service-connected disabilities, including low back strain with radiculopathy and depressive disorder, are found to be sufficient by themselves to preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background. Therefore, the claim for a TDIU is granted.
- Remanded (sent back)
The veteran's case is being remanded for further examination and evaluation of his service-connected low back strain with radiculopathy, as the current medical evidence does not provide sufficient information to determine the degree of disability caused by this condition.
- Remanded (sent back)
The veteran's appeal is being remanded due to the need for additional consideration of his claim by the RO, including the recent treatment reports from the Phoenix VAMC.
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