The Veteran's lumbar spine disability has not manifested with ankylosis or range of motion on forward flexion of less than 30 degrees. She was granted a 20 percent rating for post-operative residuals of L5-S1 decompression and fusion, mechanical low back pain.,Prior to November 18, 2009, the Veteran's lumbar radiculopathy of the right lower extremity more nearly approximated moderate incomplete paralysis. She was granted a 20 percent rating for this condition starting from August 16, 2012.,From November 18, 2009 to August 15, 2012, she was granted a 20 percent rating for lumbar radiculopathy of the left lower extremity. She was also granted TDIU effective June 1, 2009.,The Veteran's unemployability due to service-connected disabilities was found as of February 2, 2009.
The deciding factor: The objective examination findings did not support a higher rating for the lumbar spine disability. The examiner noted that forward flexion was greater than 30 degrees and CROM was greater than 120 degrees.,The Veteran's radiculopathy of the right lower extremity more nearly approximated moderate incomplete paralysis, warranting a 20 percent rating starting from August 16, 2012. The left lower extremity radiculopathy also warranted a 20 percent rating since August 16, 2012.,The Veteran's unemployability due to service-connected disabilities was found as of February 2, 2009.
- Claimed conditions
- Post-operative residuals of L5-S1 decompression and fusion, Lumbar radiculopathy of the right lower extremity, Lumbar radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 20, 2015
- Citation
- 1502699
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 1502699.
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 service connection for CTS, left, is granted. The claim for a separate disability manifested by left hand pain that is distinct from CTS, left, is denied due to lack of evidence supporting such a condition.
- Remanded (sent back)
The Board remands the matters on appeal for the development requested by the Court, specifically requesting that the AOJ obtain private treatment records from Active Health Chiropractic.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings and service connection for lumbar radiculopathy due to errors in the prior decision.
- Remanded (sent back)
The Board remands the claims for a higher disability rating and TDIU due to the need for a new VA examination.
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