The Veteran's lumbar spine disability resulted in forward flexion to 30 degrees or less but did not result in unfavorable ankylosis of the entire thoracolumbar spine, intervertebral disc syndrome resulting in incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, or associated objective neurologic abnormalities other than radiculopathy of the bilateral lower extremities. The Veteran's radiculopathy of the right and left lower extremities approximated no more than moderate incomplete paralysis.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating as it did not result in unfavorable ankylosis, intervertebral disc syndrome with incapacitating episodes, or associated objective neurologic abnormalities. The radiculopathy of the lower extremities approximated no more than moderate incomplete paralysis.
- Claimed conditions
- lumbar back strain with degenerative disc disease, 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 30, 2016
- Citation
- 1639594
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 1639594.
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 Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
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