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
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
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 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 Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Granted
The Board has granted service connection for low back strain, left shoulder, and supraventricular tachycardia (SVT) based on evidence showing a causal relationship to in-service events or injuries.
- Dismissed
The appeal is dismissed because the March 2020 rating decision, which granted service connection for a low back strain, was never issued and therefore not an appealable decision.
- Granted
The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) due to weight gain caused by her service-connected cervical degenerative disc disease, lumbar facet arthrosis, left knee disability, and left lower extremity radiculopathy. The decision resolves all reasonable doubts in favor of the Veteran.
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