The Board has determined that the Veteran's lumbar spine disability warrants a rating of 40 percent prior to July 12, 2016 and 60 percent since then.
The deciding factor: The evidence shows that the Veteran's lumbar spine disability resulted in incapacitating episodes having a total duration of at least six weeks during any 12-month period since July 12, 2016. The Board finds this to be sufficient for a higher rating under Diagnostic Code 5243.
- Claimed conditions
- cervical spine disorder, cervical radiculopathy in both upper extremities, gastroesophageal reflux disease (GERD), bilateral hand disorder, right shoulder disorder, bilateral restless leg syndrome
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 17, 2017
- Citation
- 1746101
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 1746101.
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 service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
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