The veteran's low back disability, rated at 20 percent since April 1, 2003, is now rated as 40 percent effective from that date. The radiculopathy associated with the low back disability remains at a 10 percent rating.
The deciding factor: The VA determined that the veteran's low back disability warranted a higher evaluation based on incapacitating episodes of four weeks or more over the past year, but not meeting the criteria for ankylosis. The radiculopathy issue was resolved with a separate 10 percent rating.
- Claimed conditions
- Degenerative disc disease, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 26, 2007
- Citation
- 0712176
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 0712176.
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 increased ratings and TDIU due to pre-decisional duty to assist errors.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error and will schedule the Veteran for a new VA examination to assess the current severity of his lumbar spine disability, including whether it manifests in the functional equivalent of ankylosis.
- Remanded (sent back)
The Veteran's claim for a higher initial rating for his back condition remains pending before the Board. The case is remanded due to unclear functional limitations reported in May 2021 opinion and need for clarification regarding the period of appeal.
- Granted
The Veteran is granted a TDIU effective October 1, 2004 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.
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