The Veteran's low back disorder is currently rated at 40 percent, but does not meet the criteria for a higher evaluation due to lack of ankylosis or incapacitating episodes.,Right leg weakness is currently rated at 10 percent and does not warrant a higher rating based on severity.
The deciding factor: The Veteran's low back disorder does not demonstrate ankylosis or incapacitating episodes, which are required for a higher evaluation under the applicable diagnostic codes.
- Claimed conditions
- Low back strain with a herniated disc at L5-S1, Right leg weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 27, 2013
- Citation
- 1327480
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 1327480.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for TDIU prior to June 22, 2008 is being remanded as the Board cannot grant an extraschedular TDIU in the first instance and must refer it to VA's Director of Compensation Service for consideration.
- Granted
The Veteran's right leg weakness is granted as service-connected due to pre-existing polio aggravating during military service. The cervical spine disability claim for secondary service connection is remanded.
- Remanded (sent back)
The Board has remanded the case due to a lack of compliance with previous directives regarding access to quality assurance records related to the Veteran's lumbar spine surgery and right leg weakness. The AOJ is required to request these records from the relevant VA facilities.
- Granted
The Board has determined that the Veteran's condition necessitates regular aid and attendance, resolving reasonable doubt in his favor.
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