The Veteran's claim for an increased rating for his post-operative lumbar laminectomy with advanced degenerative disc disease is granted, and he is awarded a 40 percent disability rating. The claim for service connection for bilateral lower extremity radiculopathy secondary to his service-connected lumbar spine condition is also granted.
The deciding factor: The Veteran's symptoms of painful limited motion in the thoracolumbar spine, along with bilateral lower extremity radiculopathy, meet the criteria for a 40 percent disability rating under the General Rating Formula for Diseases and Injuries of the Spine. The secondary service connection claim is granted as his radiculopathy is found to be related to his service-connected lumbar spine condition.
- Claimed conditions
- post-operative lumbar laminectomy with advanced degenerative disc disease, bilateral lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 24, 2009
- Citation
- 0936254
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 0936254.
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 has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Veteran is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Granted
For the period prior to October 29, 2021, SMC under 38 U.S.C. § 1114(s) based on housebound status is denied.,For the entire appeal period, SMC under 38 U.S.C. § 1114(l) based on need of regular aid and attendance is granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.