The Veteran's lumbar spine disability is rated at 40 percent, and a separate rating for left lower extremity weakness is granted. The Board finds no basis to grant higher ratings under the schedular criteria.
The deciding factor: The Veteran does not have unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks during any 12-month period, which are required for higher ratings. The separate rating for left lower extremity weakness is granted as it is associated with the service-connected lumbar spine disability.
- Claimed conditions
- postoperative laminectomy and fusion of the lumbosacral spine, left lower extremity weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 27, 2015
- Citation
- 1503816
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 1503816.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection related to his bilateral hips, lumbar disability, and lower extremity radiculopathy. The appeals are being remanded.
- Remanded (sent back)
The Board has remanded the claims for service connection for sleep disability, higher initial ratings for left lower extremity weakness and speech (aphonia) and swallowing difficulties, and an increased rating for thrombosis, transient ischemic attack with left upper extremity weakness due to outstanding private treatment records and inadequate examination reports.
- Partly granted
The Board denied a rating in excess of 40 percent for myasthenia gravis with ptosis and remanded the ratings for avascular necrosis, hip flexion limitations, and lower extremity weakness.
- Partly granted
The Board granted service connection for several conditions effective April 16, 2007, but no earlier, and denied a rating in excess of 30 percent for constipation. SMC based on the need for aid and attendance was granted from August 30, 2013.
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