The Veteran's service-connected lumbosacral spine disorder was rated at 10 percent prior to August 5, 2015, and increased to 40 percent thereafter. The peripheral neuropathy of the lower extremities were not found to warrant higher ratings.
The deciding factor: The most recent amendment to the rating criteria provided for a 40% evaluation for severe lumbosacral strain with listed spine, positive Goldthwait's sign, marked limitation of forward bending in a standing position, loss of lateral motion with osteoarthritic changes, or narrowing or irregularity of the joint space.
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine, Peripheral neuropathy of the right lower extremity (associated with service-connected diabetes mellitus), Peripheral neuropathy of the left lower extremity (associated with service-connected diabetes mellitus)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 28, 2016
- Citation
- 1637988
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 1637988.
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.
- Denied
The Veteran's claims for increased ratings for left ankle and lumbosacral spine disabilities were denied as the evidence did not meet the criteria for higher disability ratings under applicable VA rating criteria.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
- Denied
The Board denied the Veteran's claim for TDIU as his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.
- Remanded (sent back)
The Board remands the claim for a retrospective medical opinion to assess the severity and manifestations of the Veteran's service-connected lumbosacral spine disability.
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