The Veteran's mechanical low back condition, including compression fractures at T5 and L1-L2, results in a 40 percent disability rating for orthopedic manifestations. The Veteran also meets the criteria for a 20 percent disability rating each for moderate incomplete paralysis of the right femoral nerve, left femoral nerve, right deep peroneal nerve, and left deep peroneal nerve. Additionally, he is granted TDIU.
The deciding factor: The Veteran's service-connected mechanical low back condition results in significant orthopedic impairment with forward flexion limited to 30 degrees but without ankylosis. The associated neurologic impairments also meet the criteria for separate ratings based on incomplete paralysis of the femoral, deep peroneal, and obturator nerves.
- Claimed conditions
- Mechanical Low Back Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 11, 2010
- Citation
- 1030045
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 1030045.
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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- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
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