The Board granted an increased disability evaluation of 40 percent for lumbar spine degenerative changes, effective from May 11, 2012. The Veteran's right lower extremity radiculopathy and left lower extremity radiculopathy were each assigned a 10 percent initial disability evaluation, while chronic sinusitis with right nasal obstruction was increased to 10 percent.
The deciding factor: The VA examiner found that the lumbar spine degenerative changes warranted an increase to 40 percent based on the presence of forward flexion limited to 30 degrees or less and no unfavorable ankylosis. The initial evaluations for right lower extremity radiculopathy, left lower extremity radiculopathy, and chronic sinusitis with right nasal obstruction were maintained at 10 percent as there was no evidence of incapacitating episodes or other factors warranting higher ratings.
- Claimed conditions
- lumbar spine degenerative changes, right lower extremity radiculopathy, left lower extremity radiculopathy, chronic sinusitis with right nasal obstruction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 17, 2013
- Citation
- 1316314
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 1316314.
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 appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- 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.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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