The Veteran's thoraco-lumbosacral strain is currently rated at 40 percent. The initial evaluations for lumbar radiculopathy of the left lower extremity are granted, with noncompensable ratings prior to December 28, 2005; a compensable rating from December 28, 2005 to March 2, 2007; and a noncompensable rating after March 3, 2007.
The deciding factor: The Veteran's thoraco-lumbosacral strain is rated at the maximum available under Diagnostic Code 5243 due to its current range of motion. The lumbar radiculopathy evaluations are based on the noncompensable criteria as there was no evidence of complete paralysis or incapacitating episodes.
- Claimed conditions
- Thoraco-lumbosacral strain, Lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 22, 2010
- Citation
- 1027332
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 1027332.
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.
- Granted
The Board has granted service connection for DDD and central canal stenosis of the lumbar spine, finding that the appellant's current disability is at least as likely caused by his in-service injury.
- Denied
The Board denied the Veteran's request to extend his delimiting date for Chapter 33 education benefits, finding that he did not provide sufficient evidence of a physical or mental disability preventing him from initiating a program of education within one year of his May 2020 extension request.
- Denied
The Veteran's claim for increased ratings for his lumbar spine disability and left lower extremity radiculopathy was denied as the evidence did not show any additional functional loss or impairment beyond what is already accounted for by the current rating.
- Remanded (sent back)
The Board remands the claims for a cervical spine disability and lumbar spine disability as further development is needed to obtain an adequate medical opinion.
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