The veteran was granted a 40 percent evaluation for his low back strain as of November 28, 2006, but an evaluation in excess of 20 percent prior to that date was denied.
The deciding factor: The limitation of flexion to less than 30 degrees established the criteria for a 40 percent evaluation starting from November 28, 2006, while there was no evidence supporting a higher rating before this date.
- Claimed conditions
- Low back strain, Left leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 18, 2009
- Citation
- 0905863
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 claim for an increased rating for low back strain to correct a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities, including the side effects of medication taken to treat his back disability, precluded substantially gainful employment consistent with his education and occupational experience.
- Remanded (sent back)
The Board remands the claims for service connection for thoracolumbar spine disorder, left leg radiculopathy, bilateral restless leg syndrome, and obstructive and central sleep apnea due to a pre-decisional duty to assist error in not obtaining adequate medical opinions.
- Remanded (sent back)
The Board remands the claims for a new examination and retrospective opinion due to deficiencies in previous VA examinations.
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