The Veteran's claim for a higher rating for his service-connected lumbar degenerative disc disease with mild right lower extremity S1 radiculopathy was granted, and he is now rated at 40 percent effective January 28, 2010.
The deciding factor: The VA examination conducted in 2010 showed the Veteran's disability manifested with flexion limited to 30 degrees, moderate neurological involvement of the right lower extremity, without ankylosis or incapacitating episodes due to IVDS. This met the criteria for a higher rating of 40 percent.
- Claimed conditions
- lumbosacral degenerative disc disease, right lower extremity S1 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 11, 2011
- Citation
- 1129727
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 1129727.
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.
- Denied
The Board found the reduction in disability evaluation from 40% to 20% was improper and void ab initio due to inadequate examination for reduction.
- Granted
The Board has granted the Veteran's claim of service connection for lumbosacral degenerative disc disease and spondylosis, finding that his current disabilities are related to his active duty service.
- Denied
The Veteran's lumbosacral degenerative disc disease is rated at 20 percent, and his PTSD with depressive disorder and alcohol use disorder is rated at 70 percent. The Veteran also received a TDIU effective April 11, 2023, and SMC based on housebound status effective the same date.
- Partly granted
The Board denied an initial disability rating in excess of 20 percent for service-connected lumbosacral degenerative disc disease and granted a separate 10 percent disability rating for right lower extremity radiculopathy associated with the same condition.
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