The Board has granted a 40% rating for the Veteran's lumbar strain with IVDS effective June 24, 2009. The Veteran's radiculopathy of the right leg is also service connected as secondary to his low back disability.
The deciding factor: The June 24, 2009 MRI demonstrated significant worsening of the Veteran's lumbar spine condition with a herniated disc and nerve root involvement, which most nearly approximated the criteria for a 40% rating under the general rating formula for diseases and injuries of the spine.
- Claimed conditions
- hypertension, lumbar strain with IVDS, radiculopathy of the right lower extremity, acquired psychiatric disorder (unspecified trauma and stressor-related disorder), sleep apnea, cervical spine disability, right shoulder disability, bilateral knee disability, bilateral ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 16, 2015
- Citation
- 1552539
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 1552539.
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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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