The Veteran's service-connected low back pain with herniated disc L4-5 level with degenerative changes was rated at 40 percent, and a separate 10 percent rating for radiculopathy involving the right lower extremity was granted. The claim to reopen service connection for a right knee condition was successful.
The deciding factor: The disability picture more nearly approximated that of functional loss due to pain with forward flexion of the thoracolumbar spine limited to 30 degrees, and new evidence related previously unestablished facts necessary to substantiate the claim of service connection for right knee condition.
- Claimed conditions
- Low back pain with herniated disc L4-5 level with degenerative changes, Right knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 23, 2009
- Citation
- 0910660
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (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 0910660.
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.
- Granted
The Board has granted service connection for the Veteran's right knee condition as secondary to his service-connected right ankle condition.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to readjudicate the claim of entitlement to service connection for right knee condition. The AOJ is therefore remanding this case.
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