The Veteran's low back disability, characterized as a herniated lumbar disc with bilateral lumbar radiculopathy, warrants a 40 percent rating. He also has separate 20 percent ratings for right and left lower extremity lumbar radiculopathy.
The deciding factor: The Veteran's orthopedic impairment (herniated lumbar disc) most nearly approximates forward flexion of the thoracolumbar spine to 30 degrees or less, meeting the criteria for a 40 percent rating under Diagnostic Code 5243. His neurological impairment (lumbar radiculopathy) is rated as moderate and warrants separate 20 percent ratings.
- Claimed conditions
- Herniated lumbar disc, Bilateral lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 12, 2014
- Citation
- 1426631
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 1426631.
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 Veteran's claim for a higher rating for his thoracolumbar spine IVDS and bilateral lumbar radiculopathy was partially granted, with the effective date set at January 1, 2020. The Veteran is now rated at 40 percent for his thoracolumbar spine IVDS since that date.
- Granted
The Board has granted service connection for degenerative disc disease of the lumbar spine and bilateral lumbar radiculopathy, finding that these conditions are related to service. Service connection was denied for a bilateral leg condition other than lumbar radiculopathy.
- Granted
The Board finds that the Veteran's back disability, including degenerative disc and joint disease of the lumbar spine and herniated lumbar disc, status post two laminectomies, was incurred during active military service.
- Granted
The Veteran's bilateral lumbar radiculopathy is found to be related to his service-connected lumbar strain with degenerative disc disease L1-L2, and thus service connection for this condition is granted.
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