The Veteran's back disability, characterized by intervertebral disc syndrome with limitation of motion and radiculopathy in both lower extremities, has been rated at 40 percent since the initial rating decision. The appeal is granted as his condition warrants a higher rating.
The deciding factor: The Veteran's service-connected intervertebral disc syndrome with limitation of motion and associated L5 radiculopathy have not demonstrated incapacitating episodes or unfavorable ankylosis, but do show severe range of motion impairment and neurological symptoms. The current 40 percent rating adequately reflects the severity of his disability.
- Claimed conditions
- intervertebral disc syndrome, postoperative, with limitation of motion of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 8, 2010
- Citation
- 1021207
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 1021207.
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 Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
- Dismissed
The veteran's appeal for an earlier effective date for service connection back disorder, as due to clear and unmistakable error (CUE), was dismissed because the appeal request was not timely filed.
- Granted
The Board granted service connection for lumbar degenerative arthritis and intervertebral disc syndrome based on the Veteran's continuous symptoms since service.
- Granted
The Board granted an effective date of August 26, 2021, for the award of service connection for lumbosacral strain and bilateral lower extremity radiculopathy with sciatic nerve involvement.
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