The Veteran's low back disability is rated at 40 percent from June 24, 2011 until July 9, 2015. Effective July 9, 2015, the Veteran is entitled to a rating of 60 percent for his low back disability and a separate 20 percent rating for right lower extremity radiculopathy associated with it.
The deciding factor: The VA spine examiner found that the Veteran had incapacitating episodes of IVDS having a total duration of at least six weeks in the previous year, which is sufficient to warrant a 60 percent rating under the Formula for Rating IVDS Based on Incapacitating Episodes. The separate rating for right lower extremity radiculopathy was discontinued as it is part and parcel of the low back disability.
- Claimed conditions
- Low Back Disability, Right Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 12, 2016
- Citation
- 1619391
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 1619391.
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 Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
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