The Veteran's back disability was rated at 40 percent disabling, effective from the date of the decision. The left lower extremity radiculopathy was rated at 20 percent disabling prior to August 13, 2012 and 40 percent thereafter.
The deciding factor: The VA examiner found that the Veteran's back disability resulted in forward flexion limited to 30 degrees with pain on use, localized tenderness, and muscle spasms. The left lower extremity radiculopathy was manifested by slight muscular atrophy and a left foot drop but no evidence of marked muscular atrophy or complete neuralgia resulting in no active movement of the muscles below the knee.
- Claimed conditions
- status post lumbar fusion L3-5, degenerative changes of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 29, 2016
- Citation
- 1607922
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 1607922.
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 Board has decided to remand the cases for further examination and evaluation due to inadequate range of motion assessments in previous examinations.
- Dismissed
The Veteran's appeals for increased ratings in excess of the assigned disability ratings have been dismissed.,Service connection has been granted for major depressive disorder.
- Granted
The Board has determined that the Veteran's thoracolumbar spine disability, including degenerative changes of the thoracic spine, lumbar spondylosis, and lumbar spine DDD, had its onset in service and has been continuous since separation. Therefore, service connection is granted.
- Granted
The Veteran's lumbar spine disability and impairment of the right lower extremity as a residual of epidural abscess of the thoracic spine are granted with specific ratings, while TDIU for the period from March 28, 2007 to April 13, 2007 is granted.
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