The Veteran's claims for increased ratings for lumbar spine arthritis, left leg radiculopathy, and right leg radiculopathy have been granted. The Veteran is currently rated at 20 percent for each of these conditions.
The deciding factor: The medical evidence did not show that the Veteran's forward flexion of his thoracolumbar spine was limited to 30 degrees or less, nor did it indicate ankylosis of the thoracolumbar spine. The current ratings are based on the criteria for limitation of motion under Diagnostic Codes 5237 and 8520.
- Claimed conditions
- lumbar spine arthritis, left leg radiculopathy, right leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 23, 2009
- Citation
- 0944497
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 0944497.
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.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Dismissed
The Veteran's appeals for increased disability ratings for lumbar spine arthritis and right lower extremity sciatica have been dismissed due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to a lack of adequate medical examination and treatment records, particularly regarding nerve conditions. The Veteran is seeking service connection for left arm, upper back, and right leg nerve damage and pain, as well as an increased evaluation for major depressive disorder.
- Granted
The Board has granted the restoration of entitlement to total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective May 1, 2020. The decision was made due to procedural errors in the previous termination decisions.
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