The Veteran's lumbosacral spine disability is rated at 40 percent, and the claim for a higher rating remains denied.,An effective date of September 24, 2005, has been granted for the grant of separate ratings for left and right lower extremity radiculopathy.,The Veteran's claims for increased ratings for his left and right lower extremity radiculopathy remain denied.,Evidence submitted to reopen the service connection claim for a psychiatric disability is considered new and material, but the preponderance of evidence does not support a finding that the Veteran has a current psychiatric disorder related to service or a service-connected disability.,The Veteran's total disability rating based on individual unemployability due to service-connected disability remains remanded.
The deciding factor: The medical evidence does not establish unfavorable ankylosis of the thoracolumbar spine, and the preponderance of the evidence is against a finding that the Veteran has a current psychiatric disorder related to service or a service-connected disability.
- Claimed conditions
- lumbosacral disc disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 4, 2013
- Citation
- 1318053
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 1318053.
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 Veteran's service-connected disabilities, when considered individually, do not preclude him from engaging in gainful employment. Therefore, a TDIU is denied.
- Remanded (sent back)
The Veteran's claims for increased evaluations for lumbosacral disc disease and right shoulder traumatic bursitis are being remanded due to the need for additional examinations to assess the severity of his disabilities.
- Remanded (sent back)
The Board has remanded the cases for additional development, including obtaining medical records and conducting VA examinations to assess the severity of the Veteran's lumbosacral disc disease and right shoulder traumatic bursitis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to incomplete records from Eglin AFB medical facilities. The Veteran is not contesting the effective date or rating assigned for service-connected obstructive sleep apnea.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.