The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability was granted, with the effective date set at March 9, 2005. The Veteran is currently rated at 40 percent for right lower extremity radiculopathy and 20 percent for left lower extremity radiculopathy from March 9, 2005 to July 23, 2009, with the effective date set at that time. The Board also granted a TDIU based on his service-connected disabilities.
The deciding factor: The Veteran's lumbar spine disability resulted in moderate incomplete paralysis of both lower extremities and met the criteria for the assigned ratings under the General Rating Formula for Diseases and Injuries of the Spine, with additional consideration given to the right and left lower extremity radiculopathy as secondary service-connected disabilities.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Right lower extremity radiculopathy secondary to degenerative disc disease of the lumbosacral spine, Left lower extremity radiculopathy secondary to degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 25, 2013
- Citation
- 1338750
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 1338750.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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