The Veteran's service-connected lumbosacral spine degenerative disc disease L4-5 and L5-S1 level with spinal stenosis with radiculopathy is found to preclude him from performing substantially gainful employment due to his disability.
The deciding factor: The Veteran's chronic low back pain, aggravated by prolonged sitting or standing, prevents him from engaging in any form of substantial gainful employment consistent with his educational and occupational background.
- Claimed conditions
- fracture, lumbosacral spine degenerative disc disease L4-5 and L5-S1 level with spinal stenosis with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 10, 2009
- Citation
- 0913503
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 0913503.
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 previously denied the Veteran's claim for service connection for a right ankle condition. The U.S. Court of Appeals for Veterans Claims (CAVC) has ordered the case back to the Board for further development and readjudication due to an inadequate opinion in the January 2018 VA examination report.
- Remanded (sent back)
The Board has decided to remand the case due to the need for additional VA examinations and records review, particularly regarding the Veteran's right foot disability.
- Denied
The Board found that the Veteran's left knee disability, characterized by flexion up to 110 degrees without pain and extension up to 5 degrees without pain, does not warrant a rating in excess of 10 percent.
- Granted
The Veteran's right ankle disability, which was previously rated at 20 percent prior to August 17, 2012, and is now rated at 30 percent since that date, has been found to meet the criteria for a higher rating based on marked limitation of motion. The ankylosis of the subastralgar or tarsal joint in good weight-bearing position warrants a maximum 20 percent disability rating.
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