The Veteran's low back disability, including radiculopathy of the right and left lower extremities, was granted an increased rating to 40 percent effective August 25, 2014. The issue of a TDIU remains pending.
The deciding factor: The VA determined that the Veteran's lumbar spine strain warranted a 40% disability rating based on severe limitation of motion and associated neurological deficits.
- Claimed conditions
- Low Back Strain, Degenerative Changes, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 29, 2016
- Citation
- 1638681
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. Search VA.gov for the original decision (opens in a new tab) using citation 1638681.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board has dismissed the appeals for discontinuance of TDIU, reduction of disability rating for acquired psychiatric disorder, and reduction of disability rating for radiculopathy of the left lower extremity due to lack of response from the Veteran within the required timeframe.
- Granted
The Board has granted a rating of 40 percent for the Veteran's service-connected low back strain with degenerative arthritis, effective from September 26, 2008. The decision is based on functional limitation equivalent to forward flexion limited to 30 degrees or less due to pain and other symptoms.
- Dismissed
The Veteran's low back strain is rated at 40 percent, and the issues of IBS and CFS are dismissed. The Veteran's PTSD and depressive disorder with a major depressive episode do not meet criteria for a higher rating. Service connection is granted for cervical strain and right knee pain.
- Denied
The Board found that the evidence did not show an actual improvement in the Veteran's conditions, and thus denied the reduction requests for his service-connected disabilities.
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