The Veteran's initial claim for a higher rating for low back syndrome was granted, but the appeal is pending on whether a timely notice of disagreement was filed in connection with the September 2013 decision denying a right ankle disability. The TDIU claim remains unresolved.
The deciding factor: The Veteran's low back disability has been rated based on its current manifestations and not due to any service-connected condition or exposure basis.
- Claimed conditions
- Low back syndrome, Lumbar L4-L5 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 23, 2016
- Citation
- 1625359
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 1625359.
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 remanded the case for further development, including a retrospective VA examination to evaluate the Veteran's current disability levels and functional loss from 1979 to present. The issues include increased ratings for low back syndrome, postoperative reconstruction of the left knee, chondromalacia of the right knee, and limitation of extension of the right knee.
- Granted
The Veteran's low back syndrome is currently rated at 10 percent prior to April 10, 2017 and granted a 40 percent rating from that date.,Separate ratings of 10 percent for right lower extremity radiculopathy are granted prior to April 10, 2017 and thereafter; and a separate 10 percent evaluation is granted for left lower extremity radiculopathy.
- Remanded (sent back)
The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's low back disability, including any degenerative arthritis. The examiner is asked to address whether there is radiculopathy related to the lumbar spine disability and determine if it is due to a cervical spine disorder instead. Additionally, the examiner should evaluate whether the service-connected low back syndrome caused or aggravated any other lumbar spine disorders (other than low back syndrome).
- Denied
The Board denied an earlier effective date for the award of a 10 percent rating for low back syndrome, as the Veteran's claim was filed within one year of his discharge from active duty.
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