The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted. Separate ratings of 10 percent each have been granted for his peripheral neuropathy in both lower extremities.
The deciding factor: The VA examinations did not show any ankylosis or severe muscle spasm resulting in abnormal gait or spinal contour, which would warrant the next highest rating of 40 percent under the General Rating Formula. The Veteran's forward flexion was found to be at least 40 degrees and his combined range of motion was sufficient for a 20 percent rating.
- Claimed conditions
- Posttraumatic lumbar spine disability with degenerative arthritis and disc bulge, Peripheral neuropathy of the left lower extremity, Peripheral neuropathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 5, 2012
- Citation
- 1241555
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 1241555.
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.
- Granted
The Veteran's service-connected disabilities, including his bilateral lower extremity neuropathy due to diabetes mellitus, have resulted in loss of use of both lower extremities. The Board has granted eligibility for specially adapted housing and dismissed the claim for a special home adaptation grant as moot.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, requiring clarification on whether the Veteran's left lower extremity peripheral neuropathy is early-onset and if it is related to Agent Orange exposure during service.
- Granted
The Board has granted service connection for peripheral neuropathy of both the right and left lower extremities, finding that it is at least as likely as not caused by or aggravated by the Veteran's service-connected hypertension.
- Remanded (sent back)
The Board has remanded the claims of service connection for peripheral neuropathy of the left upper and lower extremities due to herbicide agent exposure, as there is a pre-decisional duty to assist error that occurred prior to the date of the AOJ decision on appeal.
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