The veteran's service-connected low back disability, including intervertebral disc syndrome and radiculopathy, is productive of daily pain with severely limited motion. The RO granted a rating of 40 percent for the low back disability.
The deciding factor: The veteran's symptoms met the criteria for a 40 percent rating under the applicable diagnostic codes due to severe limitation of motion and associated pain.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Radiculopathy associated with the service-connected low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 6, 2008
- Citation
- 0807653
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 0807653.
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 Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.