The Veteran's claim for an increased evaluation of his lumbar spine disability was denied, but the Board found that additional evidence warranted a remand to consider the claims de novo. The initial evaluations were granted and assigned.
The deciding factor: Additional medical records were not considered in the original decision, which led to incorrect determinations regarding the Veteran's condition.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 23, 2010
- Citation
- 1010986
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 1010986.
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.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Partly granted
The Board denied an effective date prior to December 4, 2024, for the grant of service connection for degenerative arthritis of the lumbar spine and denied initial compensable ratings for bilateral hearing loss and a lumbar spine disability. However, it granted a 20 percent rating for right lower extremity radiculopathy associated with the service-connected lumbar spine disability.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
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