The Veteran's lumbar spine disability is rated at 40 percent disabling since September 27, 2007. The Board finds that the criteria for a higher rating are not met and thus denies an increased rating. The Veteran's TDIU claim is granted.
The deciding factor: The evidence does not show any service-connected conditions related to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or other presumptive exposures that would affect the rating of the lumbar spine disability. The Veteran's current 40 percent rating for his lumbar spine disability is appropriate given the findings from recent VA examinations and imaging studies.
- Claimed conditions
- lumbar spine disability, right peroneal neuropathy, left peroneal neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 15, 2013
- Citation
- 1308771
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 1308771.
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 Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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