The Veteran's lumbar degenerative joint and disc disease status post herniated disc L5-S1 was rated at 40 percent effective July 30, 2012. Her radiculopathy of the right lower extremity associated with this condition remains at 20 percent. The left lower extremity radiculopathy is also rated at 20 percent since that date.
The deciding factor: The Veteran's lumbar degenerative joint and disc disease status post herniated disc L5-S1 resulted in unfavorable ankylosis of the entire thoracolumbar spine, warranting a 40 percent rating effective July 30, 2012. The left lower extremity radiculopathy remains at 20 percent as it is not manifested by more than moderate paralysis.
- Claimed conditions
- lumbar degenerative joint and disc disease status post herniated disc L5-S1, scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 21, 2014
- Citation
- 1412021
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 1412021.
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 Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
- Granted
The Board has granted service connection for lumbosacral strain, scoliosis and compression fracture of T5 and L2, cervical strain, herniation to C5-6, and narrowing at C3-5, and right knee strain. The decision is based on the Veteran's credible reports of symptoms during active duty.
- Dismissed
The Veteran's appeals for increased evaluation of unspecified depressive and anxiety disorder, service connection for scoliosis, and costochondritis are dismissed.
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