The Veteran's initial disability ratings for his back condition were increased to 20 percent as of February 25, 2009. His right leg radiculopathy was also rated at 10 percent prior to June 13, 2005 and then upgraded to 20 percent from that date.
The deciding factor: The Veteran's back disability met the criteria for a higher rating under the General Formula for Diseases and Injuries of the Spine (General Formula) due to his forward flexion being greater than 30 degrees but not greater than 60 degrees, which is equivalent to a 20 percent rating.
- Claimed conditions
- chronic lumbar strain with degenerative disc disease, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 22, 2010
- Citation
- 1043891
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 1043891.
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.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is not supported by adequate reasoning and must be remanded to allow for a thorough review, including obtaining medical opinions on whether it is in the best interest of the Veteran to participate in the PCAFC program.
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