The Veteran's lumbar strain and degenerative disc disease are rated at 20 percent prior to March 30, 2016, and at 40 percent thereafter. The Board found that the evidence is at least evenly balanced as to whether the symptoms of the Veteran's thoracolumbar spine disability more nearly approximate flexion less than 30 degrees required for a 40 percent rating.,The Veteran's Bell's palsy is rated at 10 percent, and the Board determined that there is no evidence showing severe incomplete paralysis as defined in the applicable regulation.
The deciding factor: The Veteran’s lumbar strain and DDD do not meet or approximate the criteria for a higher rating under any of the applicable diagnostic codes.
- Claimed conditions
- Lumbar Strain and Degenerative Disc Disease (DDD), Bell's Palsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 1, 2017
- Citation
- 1749257
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 1749257.
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- Remanded (sent back)
The Veteran's appeal for SMC-AA/HB and service connection for urinary frequency secondary to his service-connected lumbosacral strain with spinal stenosis is being remanded due to duty-to-assist errors.
- Granted
The Veteran's PTSD is rated at 70 percent, which is the maximum rating available. The Board granted a 100 percent rating for CAD from October 21, 2013 to July 26, 2016. TDIU was granted effective August 31, 2011 and SMC at housebound rate was granted effective October 21, 2013.
- Denied
The Veteran's Bell's Palsy, Diabetes Mellitus Type II, Hypertension, Obstructive Sleep Apnea, Glaucoma, and Low Back Arthritis were denied as they did not manifest in service or for many years thereafter, and the evidence does not show that his disabilities are related to or may be associated with service.,The Veteran's low back arthritis was denied as there is no indication of an association between the disability claimed by the veteran and his active duty service.
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