The Veteran's claim for a higher rating for his lumbar spine disability is granted, effective July 2008.,His claim for an earlier effective date for the grant of service connection for left lower extremity radiculopathy is granted, effective July 2008.,His claim for a temporary total rating due to convalescence following surgery is denied.
The deciding factor: The Veteran's lumbar spine disability has been rated as 40 percent disabling since July 2008. The evidence shows that his symptoms have worsened, warranting this higher rating.,The effective date for the grant of service connection for left lower extremity radiculopathy is set at July 2008, when he filed his claim for an increased rating for his lumbar spine disability.,VA regulations do not allow a temporary total rating due to convalescence following surgery if the claim was not filed within one year of the end of possible convalescence. The Veteran's claim was received after this period.
- Claimed conditions
- lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 21, 2016
- Citation
- 1636844
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 1636844.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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