The Veteran's service-connected low back disability, characterized by lumbosacral strain with spondylosis and radiculopathy of the right lower extremity, does not meet the criteria for a higher rating than 20 percent. The orthopedic manifestations do not warrant an increased rating due to lack of forward flexion of the thoracolumbar spine or ankylosis. The neurologic manifestation (radiculopathy) of the right lower extremity is productive of mild incomplete paralysis, which meets the criteria for a 10 percent disability rating.
The deciding factor: The Veteran's service-connected low back disability does not meet the criteria for a higher rating than 20 percent as her orthopedic manifestations do not warrant an increased rating due to lack of forward flexion of the thoracolumbar spine or ankylosis. The neurologic manifestation (radiculopathy) of the right lower extremity is productive of mild incomplete paralysis, which meets the criteria for a 10 percent disability rating.
- Claimed conditions
- lumbosacral strain with spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 15, 2010
- Citation
- 1026525
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 1026525.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for an earlier effective date of July 14, 2005 for SMC based on housebound status is granted. The decision finds that the Veteran has a single disability rated as total (left knee disability via extraschedular TDIU from February 25, 2005) and separate service-connected disabilities ratable at a combined 60 percent disabling (acquired psychiatric disorder at 70 percent from July 14, 2005), as required by the law.
- Granted
The Veteran's lumbosacral strain with spondylosis was granted service connection. The claims for left and right flat feet were remanded.
- Partly granted
The Board denied earlier effective dates for adjustment disorder with mixed anxiety and depressed mood, higher ratings for the same condition, a rating greater than 10 percent for tinnitus, and a rating greater than 20 percent for lumbosacral strain with spondylosis. However, it granted an earlier effective date of April 29, 2023, for tinnitus.
- Denied
The Veteran's initial rating for chronic orthopedic symptoms of lumbosacral strain with spondylosis is denied as the evidence does not meet the criteria for a higher than 10 percent rating.,The Veteran's initial rating for associated lumbar radiculopathy, LLE, is denied as the evidence does not meet the criteria for a higher than 10 percent rating.
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