The Veteran's lower back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted. Separate ratings of 10 percent each are assigned for radiculopathy of both the left and right lower extremities.
The deciding factor: The evidence does not show ankylosis or incapacitating episodes meeting the criteria for a higher rating under Diagnostic Codes 5243 or 8520, respectively. The Veteran's current range of motion is sufficient to warrant no more than a 20 percent disability rating.
- Claimed conditions
- lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 28, 2010
- Citation
- 1040491
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. Read the original VA decision (opens in a new tab) using citation 1040491.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to reconsider the Veteran's claims for service connection for left hip, left knee, right hip, and lower back disabilities. The claim for left hip disability is remanded due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has remanded the claims for service connection for left knee and lower back disabilities due to incomplete information about the Veteran's duty status during his periods of active service in the National Guard and Reserves.
- Granted
The Board has granted service connection for the Veteran's lower back disability, finding that it is etiologically related to his in-service duties of lifting heavy equipment.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for lower back disability, migraine headaches, fibromyalgia, CFS, and PTSD due to lack of a current diagnosis. The appeal is now remanded for further development.
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