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 assigned
- 20%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1040491.
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.
- Partly granted
The Board granted service connection for major depressive disorder, finding it to be etiologically related to the Veteran's active service. The claims for service connection for a left hip disability, lower back disability, and cervical spine disability were remanded.
- Granted
The Board granted service connection for a lower back disability, finding that the Veteran's current condition had its onset during his service and has progressively worsened since separation.
- Partly granted
The Board granted a 70 percent disability rating for PTSD, effective March 8, 2023, but no earlier. Other claims were denied or remanded.
- Dismissed
The appeal for service connection for lower back disability, right shoulder disability, and traumatic brain injury (TBI) was denied due to the untimely filing of the Board Appeal request.
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