The Board found that the Veteran's service-connected IVDS, post operative laminectomy and lumbar fusion warrants a disability rating of 40 percent, effective from May 1, 2005. The decision also addressed separate ratings for radiculopathy in both lower extremities.
The deciding factor: The VA examination report indicated that the Veteran had thoracolumbar flexion of 30 degrees with pain on motion, spasms, and guarding but not unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine. There was also no evidence of incapacitating episodes.
- Claimed conditions
- IVDS, post operative laminectomy and lumbar fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 5, 2010
- Citation
- 1008374
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 1008374.
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
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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board remands the claim for a back condition, including degenerative arthritis, degenerative disc disease other than IVDS, lumbosacral strain, and IVDS, secondary to service-connected right ankle disability, due to an inadequate VA medical nexus opinion.
- Denied
The Board denied service connection for PTSD and other psychiatric disorders, as well as a total disability rating based on individual unemployability.
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