The Veteran's osteoarthritis of the lumbar spine was granted a rating of 40 percent prior to August 20, 2012, and in excess of 40 percent thereafter. The condition is not service-connected based on exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or other presumptive conditions.
The deciding factor: The Veteran's lumbar spine disability was manifested by pain with forward flexion limited to 5 degrees as of August 20, 2012, and the condition did not meet criteria for ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS).
- Claimed conditions
- osteoarthritis of the lumbar spine, right sciatic nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 21, 2016
- Citation
- 1641208
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 1641208.
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 determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including sinusitis, right and left upper extremity radiculopathy, sleep disturbances, a right knee disability, osteoarthritis of the lumbar spine, allergic rhinitis, and patellofemoral syndrome with degenerative arthritis in the left knee. The Board found that there was insufficient evidence to support these claims.
- Denied
The Veteran's service-connected disabilities did not meet the requirements for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 because he was not continuously rated totally disabled for a period of 10 or more years immediately preceding his death.
- Dismissed
The Veteran's appeal of proposed reductions in ratings for his service-connected back disability and right sciatic nerve radiculopathy is dismissed. The claim of entitlement to an initial rating in excess of 10 percent for left sciatic nerve radiculopathy is remanded.
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