The Veteran's claim for a higher rating for his service-connected low back disorder was denied. The Board found that the evidence did not support an evaluation in excess of 40 percent, as there were no findings of incapacitating episodes or ankylosis.
The deciding factor: The evidence did not show any findings of incapacitating episodes (defined by VA regulations) having a total duration of at least 6 weeks during a 12-month period, and the Veteran's service-connected low back disorder was not manifested by ankylosis or impairment analogous thereto.
- Claimed conditions
- chronic lumbosacral strain with degenerative arthritis and disc disease, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 19, 2009
- Citation
- 0931009
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 0931009.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Denied
The Board denied the veteran's claims for earlier effective dates and higher ratings, finding that the evidence did not support an earlier date of entitlement or a higher rating based on the current medical findings.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
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