The Veteran's claim for an initial rating higher than 20 percent for service-connected chronic lumbar strain with degenerative disc disease was granted. A separate rating of 40 percent for radiculopathy of the left leg, effective from May 12, 2010, was also granted.
The deciding factor: The Veteran's back disability resulted in a forward flexion of the thoracolumbar spine not greater than 60 degrees and no favorable ankylosis. The VA examiner found that the Veteran did not have intervertebral disc syndrome or severe incomplete paralysis of the sciatic nerve with marked muscular atrophy.
- Claimed conditions
- chronic lumbar strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 17, 2010
- Citation
- 1035233
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 1035233.
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.
- Dismissed
The Veteran's appeal for TDIU, left upper extremity neuropathy, and right shoulder rotator cuff strain has been dismissed.,The Veteran's appeals for a higher rating for left upper extremity neuropathy and right shoulder rotator cuff strain have been dismissed.,The Veteran's appeal for a higher rating for right shoulder rotator cuff strain has been dismissed.,A 20 percent rating is granted for right lower extremity radiculopathy.,A 20 percent rating is granted for left lower extremity radiculopathy.,The 40 percent rating for chronic lumbar strain with degenerative disc disease was reduced to 20 percent, and the reduction has been restored.
- Granted
The Board granted an initial 40 percent rating for chronic lumbar strain with degenerative disc disease throughout the period on appeal.
- Granted
The Veteran's service-connected disabilities, including unspecified depressive disorder, atypical headaches with features of migraines, chronic lumbar strain with degenerative disc disease, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted his claim for a total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a higher evaluation for his service-connected low back disorder and left lower extremity radiculopathy due to inadequate examinations. The Veteran needs new VA examinations to assess the severity of these conditions.
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