The Veteran's lumbar spine disability was initially evaluated as 10 percent disabling prior to June 20, 2006. From June 20, 2006, the disability is not rated higher than 40 percent.
The deciding factor: The VA examination and medical records do not support a rating in excess of 10 percent for the period prior to June 20, 2006, as there was no ankylosis or incapacitating episodes. From June 20, 2006, the disability is rated at 40 percent due to limitation of motion and neurologic abnormalities.
- Claimed conditions
- Degenerative disc disease, lumbar spine, Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 11, 2010
- Citation
- 1001415
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 1001415.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim of service connection for degenerative disc disease, lumbar spine (claimed as back injury) due to inadequate VA examination and failure to comply with prior remand directives.
- Granted
The Veteran's radiculopathy of the left and right lower extremities, based on sciatic nerve impairment, is granted with a disability rating of 40 percent effective from March 4, 2023. The Veteran's radiculopathy of the left and right lower extremities, based on femoral nerve impairment, is also granted with a disability rating of 20 percent effective from March 4, 2023.
- Granted
The Veteran's service-connected disabilities render him so helpless as to require the regular aid and attendance of another person, meeting the criteria for special monthly compensation based on the need for regular aid and attendance.
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