The Veteran's degenerative changes of the lumbar spine are currently rated at 40 percent, and his incomplete paralysis of the sciatic nerves of both lower extremities are each rated at 20 percent. Effective April 15, 2008, a 50 percent rating for the lumbar spine is granted.
The deciding factor: The Veteran's degenerative changes of the lumbar spine have been characterized by functional impairment during flare-ups that has effectively limited forward flexion to 30 degrees or less since April 15, 2008. This meets the criteria for a 50 percent rating under DC 5242.
- Claimed conditions
- Degenerative Changes of the Lumbar Spine, Incomplete Paralysis of the Sciatic Nerve of the Left Lower Extremity, Incomplete Paralysis of the Sciatic Nerve of the Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 22, 2013
- Citation
- 1326950
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 1326950.
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 earlier effective dates for the Veteran's MDD and lumbar spine disability ratings, as well as his TDIU eligibility. The Veteran's claims are now effective as of March 15, 2012.
- Granted
The Veteran's MDD is rated at 70 percent, effective December 22, 2011. A TDIU based solely on the service-connected lumbar spine and associated radiculopathy of the lower extremities is granted since January 15, 2010. Effective December 22, 2011, SMC at the 38 U.S.C. § 1114(s) rate is granted.
- Granted
The Veteran's service connection claims for degenerative changes of the lumbar spine, right and left lower extremity radiculopathy are granted. The rating assigned is 10%.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his medical records.
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