The Veteran's lumbar spine disability has been rated at 20 percent since April 14, 2008. The Board finds that the evidence is in equipoise as to whether his condition more nearly approximates a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
The deciding factor: The VA examination findings supported by the Veteran's wife's statement indicate occasional forward flexion limitation, but without unfavorable ankylosis or incapacitating episodes. The Board finds that these factors are in equipoise with a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine, Right leg radiculopathy associated with the lumbar spine disability, Left leg radiculopathy associated with the lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 25, 2014
- Citation
- 1437813
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 1437813.
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 restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Remanded (sent back)
The Board remands the Veteran's claim for a rating in excess of 50 percent for degenerative disc and joint disease of the lumbar spine due to an inadequate VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a VA examination and another, adequate, VA addendum opinion to properly rate his lumbar spine disability due to insufficient reasoning in the August 2024 VA medical opinion.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.
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